| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 350/03 |
| Hearing date | 15 Sep 2003 - 16 Sep 2003 (2 days) |
| Determination date | 20 November 2003 |
| Member | M Urlich |
| Representation | J Dewar ; S Langton |
| Location | Auckland |
| Parties | Mackenzie v Bayleys Real Estate Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Offensive notice placed on notice board - Notice sexually obscene and derogatory to co-worker - Applicant admitted conduct and stated notice was a joke - Advance notice of allegation given - Co-workers interviewed - Alleged actions not serious in work environment - Alleged predetermination, bias and disparity of treatment - Co-worker had offensive screen saver - Asked to remove screen saver - No disparity of treatment as screen saver not derogatory to co-workers - No bias or predetermination - Dismissal effected in public place inappropriate but did not vitiate dismissal - Dismissal open to fair and reasonable employer - Non-publication order - Order prohibiting publication of identity of co-worker |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Man O'War Ltd v Bree [2003] 1 ERNZ 83 |
| Number of Pages | 8 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |