| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 24/04 |
| Hearing date | 13 Nov 2003 - 14 Nov 2003 (2 days) |
| Determination date | 19 January 2004 |
| Member | J Scott |
| Representation | PF Chambers ; BJ Banks |
| Location | Auckland |
| Parties | Akast v Ministry of Health, Disabilities Services Directorate |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Discrimination - Alleged constructive dismissal due to unfair investigation process and findings - Alleged discriminated against due to disability of dyslexia - Resigned near end of investigation for serious misconduct - Seen accessing internet site NZ Dating Service on work computer - Internet usage review showed pornographic material opened - Letter sent outlining situation - Explained offensive material unsolicited and deleted immediately - Advised of preliminary view of serious misconduct - Investigation report concluded serious misconduct - Resignation - Discrimination claim lacked credibility - Faithfully followed disciplinary process - Preliminary assessment reasonable and no evidence of predetermination - No requirement to investigate internet use of other employees - Investigation conclusion reasonable - Maintained access to NZ Dating Service knowing would receive offensive material - No constructive dismissal - New Zealand Disability Strategy Coordinator |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial Local Authorities Officers IUOW [1994] 1 ERNZ 168;Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd [1985] ACJ 963; [1985] 2 NZLR 372;NZ Amalgamated Engineering etc IUOW v Ritchies Transport Holdings Ltd [1991] 2 ERNZ 267;Petersen v Board of Trustees Of Buller High School [2002] 1 ERNZ 139;W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448 ; [2001] 3 NZLR 29 |
| Number of Pages | 17 |
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