| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 10/05 |
| Hearing date | 7 Dec 2004 |
| Determination date | 21 January 2005 |
| Member | G J Wood |
| Representation | D McLeod ; S Turner |
| Location | Wellington |
| Parties | MacKay v Chief Executive, Land Transport Safety Authority |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Summary dismissal - Applicant had final written warning - After that warning were three other incidents allegedly illustrating applicant's continuing uncooperative behaviour - Meeting to discuss issues - After meeting applicant approached subordinate to ask her view in relation to matters raised - Alleged applicant tried to coerce subordinate into misleading respondent - Concluded behaviour amounted to intimidation of subordinate designed to coerce her into acting dishonesty or uncooperatively - Dismissed - Not accepted that director approached matter with closed mind - Could not accept that was open to respondent, given seriousness of accusation of coercion, to conclude that applicant had necessary intention - Dismissal unjustified - Reinstatement impracticable - Regional administration officer |
| Result | Application granted ; Reimbursement of lost wages ($9,750) ; Compensation for humiliation etc ($6,000) ; Costs reserved |
| Cases Cited | Chief Executive of the Ministry of Maori Development v Travers-Jones [2003] 1 ERNZ 174;Honda NZ Ltd v NZ (with exceptions) Shipwrights etc Union [1990] 3 NZILR 23 ; [1991] 1 NZLR 392;Peterson v Board of Trustees of Buller High School [2002] 1 ERNZ 139;W & H Newspapers v Oram [2000] 2 ERNZ 448 ; [2001] 3 NZLR 29 |
| Number of Pages | 12 |
| PDF File Link: | wa 10_05.pdf [pdf 50 KB] |