| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 137/04 |
| Hearing date | 14 Oct 2004 - 15 Oct 2004 (2 days) |
| Determination date | 22 November 2004 |
| Member | P Cheyne |
| Representation | A McKenzie ; M Quigg |
| Location | Christchurch |
| Parties | Dennehy v Attorney General in respect of the Ministry of Economic Development |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant verbally unpleasant to colleague during staff lunch - General manipulative, intimidating and forceful behaviour at workplace caused stress to other employees - Summarily dismissed following investigation - Suspension during investigation justified given seriousness of allegation and applicant's rejection of opportunity to comment on potential suspension - Advice of allegations sufficiently specific to allow comprehensive response - No evidence of predetermination - Full and fair investigation - Conduct not serious misconduct as defined in contract - Conduct not wilful" but insensitivity or lack of awareness concerning effect of behaviour and mannerisms on others - Fair to regard as "behaviour causing distress to other employees" amounting to misconduct under code of conduct - Earlier incidents not raised at time wrongly taken into account - Later misconduct taken alone only justified warning procedure - Dismissal unjustified - REMEDIES - Reinstatement not practicable given applicant's deep animosity towards managers and certain colleagues - Misconduct amounted to contributory conduct - Dismissal unjustified - Senior insolvency officer" |
| Result | Application granted ; Reimbursement of lost wages (Quantum to be determined by parties)(6 months reduced to 4ï¾½ months) ; Compensation for humiliation etc ($20,000 reduced to $15,000) ; Costs reserved |
| Statutes | ERA s123(b);ERA s123(c)(i);ERA s123(c)(ii);ERA s125(2) |
| Cases Cited | Ashton v Shoreline Hotel [1994] 1 ERNZ 421;ASTE v Northland Polytechnic Council [1992] 2 ERNZ 943;Roydvale Transport Ltd v Hobson unreported, Travis J, 19 October 1995, CEC 36/95;W & H Newspapers Limited v Oram [2000] 2 ERNZ 448 ; [2001] 3 NZLR 29 |
| Number of Pages | 12 |
| PDF File Link: | ca 137_04.pdf [pdf 80 KB] |