| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 1A/05 |
| Hearing date | 2 Mar 2005 - 23 Mar 2005 (5 days) |
| Determination date | 01 June 2005 |
| Member | J Scott |
| Representation | J Roberts ; K Thompson |
| Location | Auckland |
| Parties | Cliff v Air New Zealand Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious misconduct – Non-work related internet use including adult/sexually explicit sites – 4,400 site visits over 16 weeks - Senior employee – Investigation revealed anomalies in data so edit of data carried out - Respondent complied faithfully with own disciplinary policies and carried out thorough and fair investigation – Applicant did not dispute was excessive non-work related internet use – Decision that was serious misconduct reasonable decision open to respondent – Materials Logistics Engineer |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | NZ (with exceptions) Food Processing etc IUOW v Unilever NZ Ltd [1990] 1 NZILR 35;Petersen v Board of Trustees Of Buller High School [2002] 1 ERNZ 139;Poole v Horticulture & Food Research Institute of NZ Ltd [2002] 2 ERNZ 869;The Warehouse Ltd v Cooper [2000] 2 ERNZ 351;W&H Newspapers Ltd v Oram [2000] 2 ERNZ 448 |
| Number of Pages | 13 |
| PDF File Link: | aa 1a_05.pdf [pdf 83 KB] |