| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 46/05 |
| Determination date | 21 March 2005 |
| Member | G J Wood |
| Representation | G Dewar ; A Couch |
| Location | Wellington |
| Parties | Buchanan and Anor v Inland Revenue Department |
| Other Parties | Symes |
| Summary | PRACTICE AND PROCEDURE - Remedies - Applicants were dismissed for accessing family files in breach of code of conduct - Authority had found dismissals unjustified due to disparity, ordered reinstatement and reserved other remedies - On challenge Court found applicants' activities could not have amounted to serious misconduct and upheld disparity finding - Monetary remedies - Lost remuneration - Applicants did not mitigate losses by seeking alternative employment - Not entitled to lost remuneration during period when not seeking reinstatement - Entitled to lost remuneration while claims for reinstatement on active footing - Compensation for humiliation etc - Applicants' failure to digest code of conduct requirements despite training and reminders relevant - Contributory conduct - Reduction of one fifth appropriate - Application for reinstatement - Authority had issued consent order placing applicants on garden leave until current proceedings between parties finally determined - Court had ordered Authority's reinstatement order be given full effect in ignorance of consent order - Respondent had appealed to Court of Appeal - Employment relationship problem not yet finally determined - Because of consent order Authority had no jurisdiction to implement Court's intentions - Application for reinstatement dismissed - COSTS - Length of investigation meeting not specified - Applicants sought contribution of two thirds to total costs of $24,191.50 - Respondent's mistake in not preparing information table earlier added to costs - Contribution of $7,500 appropriate - Costs reserved on reinstatement application |
| Result | Reimbursement of lost wages (2 months per applicant reduced by 20%) ; Compensation for humiliation etc ($12,500 per applicant reduced to 10,000) ; Costs in favour of applicants ($7,500) ; Application dismissed (reinstatement) ; Costs reserved (reinstatement) |
| Cases Cited | Buchanan v The Commissioner of Inland Revenue unreported, P Stapp, 31 August 2004, WA 110/04;Chief Executive of the Department of Inland Revenue v Buchanan [2004] 2 ERNZ 392;Yukich v Carter Holt Harvey Ltd unreported, Colgan J, 16 February 2004, AC 6/04 |
| Number of Pages | 6 |
| PDF File Link: | wa 46_05.pdf [pdf 34 KB] |