| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 13/05 |
| Hearing date | 13 Jul 2004 - 23 Aug 2004 (2 days) |
| Determination date | 20 January 2005 |
| Member | J Scott |
| Representation | J Steadman ; R Chan |
| Location | Auckland |
| Parties | Johansen v Chief Executive, Department of Corrections |
| Summary | UNJUSTIFIED DISADVANTAGE – Serious misconduct – Final written warning given in respect of applicant’s involvement in incident at Mt Eden Women’s Prison – After lock up two inmates were discovered in one cell – Dummy found in cell of other inmate – Applicant signed lock-up book as having locked up inmates in question – Procedure required two officers to verify identity of inmate in correct cell - Alleged was not officer involved in incident – Respondent found not possible to identify with certainty one of officers involved – Applicant alleged signed book as part of team involved in lock-up (as was common practice) – Reasonable to reject explanation – Applicant’s witnesses not credible that signing book as part of team accepted practice – Respondent arrived at only possible conclusion that applicant had locked up inmates in question or falsely certified that he had – Open to employer to consider situation as serious misconduct - Applicant not threatened with dismissal – No implication made about dishonesty of applicant - Procedurally fair – No disparity of treatment – Applicant alleged suffered humiliation as result of dummy being left in staff room for days after incident and him being butt of jokes about it – No one complained about dummy and no evidence of malicious conduct - Credibility finding in favour of respondent’s witnesses – No unjustified disadvantage |
| Result | Application dismissed ; Costs reserved |
| Number of Pages | 11 |
| PDF File Link: | aa 13_05.pdf [pdf 64 KB] |