| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 170/04 |
| Hearing date | 10 Mar 2003 - 27 May 2003 (2 days) |
| Determination date | 13 May 2004 |
| Member | A Dumbleton |
| Representation | R Harrison ; J Latimer |
| Location | Auckland |
| Parties | Goldstone v Cogent Communications Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Alleged applicant had negative leadership style including bullying, victimisation and harassment of branch managers - Earlier meeting where applicant agreed to change approach but no formal warning given - Concerns resurfaced and chief executive officer met with all branch managers as part of investigation - Minutes of meetings given to applicant - Summarily dismissed - Significant discrepancies between minutes and tape recordings of meetings - Statement by branch manager about fears for personal safety said in jest - Applicant not told respondent also had concerns about dishonesty - Dismissal unjustified - Remedies - Applicant contributed to situation by creation of climate of fear and mistrust - Contributory conduct 50 percent - Contribution taken into account by awarding only loss of benefit for 3 months' notice period required under employment agreement - National Sales Manager |
| Result | Application granted ; Loss of benefit ($37,500)(Payment of 3 months' notice) ; Interest (4.5 per cent) ; Costs reserved |
| Statutes | ERA s4(1) |
| Number of Pages | 9 |
| PDF File Link: | aa 170_04.pdf [pdf 44 KB] |