| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 76/04 |
| Hearing date | 17 May 2004 |
| Determination date | 10 June 2004 |
| Member | P R Stapp |
| Representation | P May ; G Pollak |
| Location | Wellington |
| Parties | Waterman v Copytech (NZ) Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Three prior formal warnings for various matters - Substantial use of internet for non-work related matters - Conduct eventually admitted by applicant - Contrary to employment agreement and two recent notices by respondent regarding internet use - Applicant not informed of reason for initial meeting - Some focus at meeting on type of internet sites accessed - Applicant dismissed following subsequent formal disciplinary meeting - Applicant not disadvantaged at initial meeting because formal disciplinary meeting followed to which he took representative - Focus on type of sites distracted from real issue of non-work related internet usage - Information available from company investigation of internet usage and applicant's admission sufficient basis for decision to dismiss - Dismissal procedurally unjustified - Applicant not informed of factors to be taken into account at disciplinary meeting or of possibility of dismissal - Reinstatement impractical - Remedies reduced for contributory conduct - Engineer |
| Result | Application granted ; Reimbursement of lost wages ($4,417.80 reduced to $2,650) ; Compensation for humiliation etc ($5,000 reduced to $3,000) ; Costs reserved |
| Statutes | ERA s124;ERA s127(2) |
| Number of Pages | 13 |
| PDF File Link: | wa 76_04.pdf [pdf 65 KB] |