| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 221A/04 |
| Hearing date | 21 Apr 2004 - 23 Apr 2004 (3 days) |
| Determination date | 30 June 2004 |
| Member | L Robinson |
| Representation | M Robins ; F McLaren |
| Location | Auckland |
| Parties | Hughes v The Chief Executive of the Ministry of Agriculture and Forestry |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant's team discovered cannabis while executing unrelated search warrant - Matter not referred to Police - Applicant dismissed following investigation - Contractual disciplinary procedure not followed - Allegations not put to applicant prior to investigation - Failure to further investigate crucial issue of quantity of cannabis unfair - Inappropriate to delegate entire investigation to third party - Third party not independent - Dual responsibilities to Police and respondent - Respondent instigated investigation with closed mind - No full and fair inquiry disclosing conduct capable of amounting to serious misconduct - No legal obligation on applicant to disclose discovery to Police - Operational decision not to inform Police within applicant's prerogative - Disparity of treatment between applicant and other team members - Dismissal substantively and procedurally unjustified - Aggravating factor that manager believed applicant about quantity but respondent made no appropriate concessions - REMEDIES - Reinstatement appropriate and practicable despite tension between applicant and manager - Reimbursement of lost wages and compensation for humiliation awarded - Order prohibiting publication of information relating to investigative methods and operations - Order requiring return of certain documents to Police - Biosecurity senior investigator |
| Result | Application granted ; Reinstatement ordered ; Reimbursement of lost wages (Quantum to be determined)(14 weeks) ; Compensation for humiliation etc ($10,000) ; Orders accordingly ; Costs reserved |
| Statutes | Biosecurity Act 1993 s111(3)(b);Biosecurity Act 1993 s111(3)(d);ERA s124;ERA Second Schedule cl10 |
| Cases Cited | Airline Stewards and Hostesses of New Zealand Industrial Union of Workers v Air New Zealand Ltd [1990] 3 NZLR 549;Alofa v Aotea Centre Board of Management unreported, Travis J, 30 July 2001, AC 50/01;BP Oil v Northern Distribution Union [1992] 3 ERNZ 483;Chief Executive of the Ministry of Maori Development v Travers-Jones [2003] 1 ERNZ 174;Click Clack International Ltd v James [1994] 1 ERNZ 15;Makatoa v Restaurant Brands (NZ) Ltd [1999] 2 ERNZ 311;Man O'War Farm Limited v Bree [2003] 1 ERNZ 83;North Island Wholesale Groceries Ltd v Hewin [1982] 2 NZLR 176;Riddell v Commissioner of Police [2003] 2 ERNZ 136;W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448 ; [2001] 3 NZLR 29;Wellington Road Transport Union of Workers v Fletcher Constructions Co Limited [1982] ACJ 663 |
| Number of Pages | 26 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |