| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 127/05 |
| Hearing date | 17 Feb 2005 - 18 Feb 2005 (2 days) |
| Determination date | 12 April 2005 |
| Member | A Dumbleton |
| Representation | R Parmenter ; K Thompson |
| Location | Auckland |
| Parties | Craigie v Air New Zealand Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Summary dismissal – Serious misconduct - Three incidents relied upon for summary dismissal - Criminal charges in 1996 - Conviction for assault in 2001 - Convictions under Civil Aviation Act 1990 in relation to operation of home-built aircraft in 2001 - Actions outside work hours – Respondent alleged the three incidents constituted serious misconduct collectively and individually – Not open to fair and reasonable employer to dismiss for first incident – At most justified warning – Additionally, was disparity of treatment compared to another staff incident – Dismissal for third incident alone would have been unjustified due to disparity of treatment - Second incident was serious misconduct and alone (or with third incident) justified dismissal – Respondent justified in having concerns about reputation and in taking that matter into account in deciding to dismiss applicant – Reasonable to regard conduct as showing applicant had lost attributes essential for job - Alleged applicant misled respondent’s investigation – Conclusion reasonably open to respondent – Procedurally fair – Dismissal justified - Pilot |
| Result | Application dismissed ; Costs reserved |
| Statutes | Civil Aviation Act 1990 |
| Cases Cited | Air New Zealand Ltd v Samu [1994] 1 ERNZ 93;North Island Wholesale Groceries Ltd v Hewin [1982] 2 NZLR 176;Smith v Christchurch Press Company Limited [2000] ERNZ 624 ; [2001] 1 NZLR 407;W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448 ; [2001] 3 NZLR 29 |
| Number of Pages | 12 |
| PDF File Link: | aa 127_05.pdf [pdf 78 KB] |