| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 68/05 |
| Hearing date | 22 Mar 2005 |
| Determination date | 13 May 2005 |
| Member | H Doyle |
| Representation | M Mailing ; P Tremewan |
| Location | Christchurch |
| Parties | Coull v Boise New Zealand Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant asked another employee of respondent to email images of Rachel Hunter - Employee emailed images of Rachel Hunter and Paris Hilton - Closed Paris Hilton images after realising they were offensive but did not delete them - Summarily dismissed for gross misconduct for having offensive material on computer in breach of email policy - Employees required to delete emails and respond to sender with message that material not welcome - Main reason for dismissal was failure to take those steps - Applicant alleged he knew of policy but did not have specific knowledge of its terms and had not signed it - Specific detail of respondent's allegation not given to applicant prior to first disciplinary meeting as required by House Rules - Applicant not asked to bring representative to second disciplinary meeting when dismissed - Dismissal procedurally unfair - Respondent could not have formed honest belief that applicant had actual knowledge of steps required by email policy or that failure to undertake steps was deliberate - Respondent could have concluded there was misconduct but not serious misconduct - Dismissal unjustified - Remedies - Contributory conduct 40% - Business development manager |
| Result | Application granted ; Reimbursement of lost wages (10 weeks)($12,899.95 reduced to $7,739.97) ; Compensation for lost benefit (Company vehicle)($2,968.57 reduced to $1,781.15) ; Compensation for humiliation etc ($8,000 reduced to $4,800) ; Costs reserved |
| Number of Pages | 7 |
| PDF File Link: | ca 68_05.pdf [pdf 33 KB] |