| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 143/04 |
| Hearing date | 4 Dec 2003 |
| Determination date | 27 April 2004 |
| Member | R A Monaghan |
| Representation | R Harrison ; J Rooney |
| Location | Auckland |
| Parties | Marshall v Livingstone Productions Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Trainee reporter and researcher for television programme - Programme made under contract between respondent and Television New Zealand (TVNZ") - Applicant and partner followed and photographed TVNZ presenter - TVNZ concerned about rumour that one of respondent's presenters stalking presenter - Respondent explained to applicant behaviour amounted to conflict of interest - Agreed to keep incident confidential - Applicant made 'off the record' comments to reporter about incident and posed for photograph - Nationwide publicity - Respondent also became aware of diary applicant's friend published on internet detailing incident - Suspended on pay - Respondent subsequently discovered other concerning photography incidents involving applicant - Summary dismissal - Applicant argued respondent unfairly took into account views of TVNZ - Nothing wrong in principle with respondent attempting to observe contractual obligation that presenter not damage TVNZ's reputation - Not dismissed for following and photographing presenter but for lack of openness and honesty about subsequent publicity - Open for respondent to conclude that applicant's conduct deeply impaired confidence and trust - Dismissal justified - Trainee reporter and researcher" |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Honda NZ Ltd v NZ (with exceptions) Shipwrights etc Union [1991] 1 NZLR 392;Macadam v Port Nelson Ltd (No 1) [1993] 1 ERNZ 279;Northern Distribution Union v BP Oil New Zealand Ltd [1992] 3 ERNZ 483;W & H Newspapers v Oram [2000] 2 ERNZ 448 ; [2001] 3 NZLR 29 |
| Number of Pages | 12 |
| PDF File Link: | aa 143_04.pdf [pdf 50 KB] |