| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 220/04 |
| Hearing date | 7 Apr 2004 - 1 Jun 2004 (2 days) |
| Determination date | 01 July 2004 |
| Member | K Raureti |
| Representation | R Moa ; J O'Connell |
| Location | Auckland |
| Parties | Mai v The Chief Executive of The Ministry of Justice |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Accessed confidential information for personal use - Attempted to gain details of car registration after motor vehicle accident - Requested colleague to access computer - Alleged disparity of treatment - Previous examples of misconduct by co-workers - Majority of misconduct unrelated to applicant's misconduct - Similar types of conduct undertaken for work-related purposes - Final warning issued to colleague adequately explained - No disparity of treatment - Alleged procedural unfairness - Applicant refused to respond to allegations - Timeline for responses extended - Dismissal procedurally fair and substantively justified - Summary court taker |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Drummond v Coca Cola Bottlers NZ [1995] 2 ERNZ 229;Northern Distribution Union v BP Oil NZ Ltd [1992] 3 ERNZ 483;Riddell v Commissioner of Police [2003] 2 ERNZ 136;W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448 |
| Number of Pages | 7 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |