| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 423/04 |
| Hearing date | 21 Dec 2004 |
| Determination date | 23 December 2004 |
| Member | V Campbell |
| Representation | K Amodeo ; P Crombie, A Bennett |
| Location | Auckland |
| Parties | Armstrong v Tauranga Women's Refuge Inc |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Summary dismissal - Applicant reported to core group" of respondent - Relationship between core group and applicant deteriorated - Applicant made comments in newspaper which were derogatory of respondent - Core group arranged meeting to discuss comments in paper - In the meantime applicant had arranged for "letter of response" which appeared in paper evening of the meeting - Applicant did not alert core group to letter of response during meeting - Dismissed for breach of duty of fidelity - Comments in paper viewed objectively capable of impairing trust and confidence - Procedurally unfair since not told dismissal possibility - Unjustified dismissal - UNJUSTIFIED DISADVANTAGE - Alleged disadvantage by actions of core group in relation to dealings with other staff - Alleged did not feel core group supported her in her employment and did not feel safe with one core group member - Alleged core group attempted to alter her job and dilute responsibilities - Alleged innuendos of financial accountability - Authority satisfied core group were responding in positive way to applicant's complaints and concerns - No unjustified disadvantage - Remedies - Reinstatement not practicable - Business manager" |
| Result | Application granted ; Reimbursement of lost wages (12 weeks)(Reduced by 30 percent contributory conduct) ; Other monies (Quantum to be determined by parties)(Bonus payments) ; ($10,000 reduced to $7,000) ; Costs reserved |
| Statutes | ERA s124 |
| Cases Cited | Lowe v Tararua District Council [1994] 1 ERNZ 887;Man O' War Farm Ltd v Bree [2003] 1 ERNZ 83;Morris v Christchurch International Airport Ltd unreported, Goddard CJ, 24 June 2004, CC 13/04;NZ (with exceptions) Food Processing etc IUOW v Unilever NZ Ltd [1990] 1 NZILR 35;Petersen v Board of Trustees Of Buller High School [2002] 1 ERNZ 139;Tisco Ltd v Communication & Energy Workers Union [1993] 2 ERNZ 779 |
| Number of Pages | 12 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |