| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 61/05 |
| Hearing date | 9 Feb 2005 - 10 Feb 2005 (2 days) |
| Determination date | 02 May 2005 |
| Member | J Crichton |
| Representation | K Stringleman ; R Chan |
| Location | Christchurch |
| Parties | Aranga v The Chief Executive of the Department of Corrections |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant dismissed for alleged violence against prison inmate (A") - Applicant entered A's holding cell after A was abusive towards other corrections officers - Video footage of incident from security camera - Applicant advanced towards A - Physical exchange - At one point A was up against cell wall and applicant administered some blows to A - Applicant alleged these were disabling techniques to enable him to disengage from A - Applicant was aggressor given he chose erroneously to enter cell, not to exit cell, and to keep advancing on A - Two possible explanations for blows administered by applicant as they could have been to allow applicant to extricate himself or an assault - Reasonable for respondent to see applicant's action as inappropriate use of force constituting an assault on a prisoner - Disciplinary investigation procedurally fair - No evidence of predetermination - No personal grievance" |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Airline Stewards and Hostesses of NZ IUOW v Air NZ Ltd [1990] 3 NZLR 549 |
| Number of Pages | 8 |
| PDF File Link: | ca 61_05.pdf [pdf 45 KB] |