| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 1B/05 |
| Hearing date | 2 Mar 2005 - 23 Mar 2005 (5 days) |
| Determination date | 02 June 2005 |
| Member | J Scott |
| Representation | J Roberts ; K Thompson |
| Location | Auckland |
| Parties | Groom v Air New Zealand Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Non-work related internet use including adult/sexually explicit sites - 10,426 site visits over 16 weeks - Respondent entitled to conclude sites visited and amount of usage were excessive - Irrelevant whether applicant actually accessed or only attempted to access sites if attempts were deliberate - Respondent entitled to conclude applicant fully aware of prohibition on accessing sexually explicit material on internet - When investigation revealed anomalies in data a full edit of data was carried out - Respondent complied faithfully with own disciplinary policies and carried out thorough and fair investigation - Applicant's conduct capable of being seen as serious misconduct giving respondent option of dismissing him - Forward Planner Engines in Maintenance Planning section |
| 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 | 12 |
| PDF File Link: | aa 1b_05.pdf [pdf 79 KB] |