| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 1/05 |
| Determination date | 10 January 2005 |
| Member | J Scott |
| Representation | J Roberts ; K Thompson |
| Location | Auckland |
| Parties | Cliff and Anor v Air New Zealand Ltd |
| Other Parties | Groom |
| Summary | INJUNCTION - Interim reinstatement - Alleged unjustified dismissal - Internet provided for work purposes - Respondent had extensive internet policies which it alleged were widely circulated and known to applicants - Review of internet use of all employees with internet access - Applicants dismissed for time spent on internet during work time for non-work related purposes and nature and content of sites visited - From site records appeared sites were non-work related and some contained adult or sexually explicit material - Applicants alleged site records inaccurate - Alleged information provided during disciplinary process inaccurate and delayed - Arguable case - Not feasible to deny applicants internet access if reinstated as internet required for work duties - Applicants' reinstatement to situation where there were ongoing investigations into internet misuse would have been confusing and escalated workplace tension - Applicants did not have strong case - Balance of convenience and overall justice favoured respondent - Applications for interim reinstatement declined - Materials logistics engineer and forward planner (engines) |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Baker v Armourguard Security Ltd [1998] 1 ERNZ 424;Clarke v Attorney-General in respect of the Secretary of Labour [1997] ERNZ 600;Kendall v Presbyterian Support Services (Northern) [1992] 2 ERNZ 413;Luke v NZ Co-operative Dairy Co Ltd (Anchormilk) [1994] 2 ERNZ 295;Madar v P & O Services (NZ) Ltd [1999] 2 ERNZ 174;Orme v Eagle Technology Group Ltd unreported, Goddard CJ, 15 June 1995, WEC 40/95;X v Y Ltd and New Zealand Stock Exchange [1992] 1 ERNZ 863 |
| Number of Pages | 5 |
| PDF File Link: | aa 1_05.pdf [pdf 27 KB] |