| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 349/03 |
| Hearing date | 9 Jul 2003 |
| Determination date | 20 November 2003 |
| Member | Y S Oldfield |
| Representation | A Hope ; S Menzies |
| Location | Auckland |
| Parties | Barker v Provida Foods Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Alleged breach of email policy prohibiting personal communications - Internal email communications with co-worker - Emails had sexual content - No advance warning or content of disciplinary meeting - Decision to dismiss predetermined prior to disciplinary meeting - Denied access to emails - No opportunity too seek representation - Meeting brief - Disparity of treatment - Senior manager warned for more serious external email with sexual content - Misconduct only not serious misconduct - Dismissal unjustified - Remedies - Co-worker in question had successful personal grievance with remedies reduced by 50 percent - Applicant did not initiate emails - Disparity of treatment meant reduction inappropriate - No contributory conduct - Mitigation of loss - Applied for 9 jobs in 5 months - Insufficient mitigation of loss - Reimbursement of lost wages restricted to 3 month minimum - Domestic purposes benefit to be deducted from lost wages - Dismissal severe blow to self-esteem - Telemarketer |
| Result | Application granted ; Reimbursement of lost wages ($3,100)(3 months) ; Compensation for humiliation etc ($7,000) ; Costs reserved |
| Cases Cited | AbleOwl Ltd v Hennessy unreported, Shaw J, 30 June 2003, AC 43/03;Pratt v Provida Foods Ltd unreported, K Anderson, 13 May 2003, AA 137/03;Riddell v Commissioner of Police [2003] 2 ERNZ 136 |
| Number of Pages | 8 |
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