| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 85/01 |
| Determination date | 17 July 2001 |
| Member | R A Monaghan |
| Representation | J Watson ; B Buckett |
| Location | Auckland |
| Parties | Ngata-Aerengamate v Attorney General in respect of the Chief Executive of the Department of Internal Affairs |
| Summary | UNJUSTIFIED DISMISSAL - Summary dismissal - Incompatibility with colleagues - Self managing team - Alleged conduct was obstacle to dealing with performance issues - Whether dismissal on the ground of incompatibility was justified - Respondent made attempts to remedy problem - Outside facilitator bought in to address incompatibility - Conflict continued and affected performance - Team could not continue with the applicant as a member - Disciplinary process was fair - Community advisor |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | BP Oil NZ Ltd v Northern Distribution Workers Union [1989] 3 NZILR 276 ; [1989] 3 NZLR 580;Canterbury Clerks etc IUOW v Burroughs Ltd [1980] ACJ 165;The Warehouse Ltd v Cooper unreported, Colgan J, 23 March 2001, AC 20/01 |
| Number of Pages | 14 |
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