| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 114A/01 |
| Determination date | 19 October 2001 |
| Member | D King |
| Representation | J Watson ; W Brandon |
| Location | Auckland |
| Parties | Lunjevich v Attorney-General in respect of the Department of Corrections |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Convicted of driving under influence of alcohol or drugs - Failed to advise employer of criminal charges as required under code of conduct - Investigation carried out instead of addressing effect of conviction on employment - Investigation unfair - No opportunity to be heard - Concerns not put to applicant in sufficient detail - Whether bias - Alleged disparity of treatment - Code of conduct required use of discretion - No evidence of bias or predetermination - Reinstatement sought and appropriate - Award of compensation for humiliation inappropriate given reinstatement - Probation officer |
| Result | Application granted ; Reinstatement ordered ; Costs reserved |
| Cases Cited | Air New Zealand Ltd v Sutherland [1993] 2 ERNZ 10;Auckland City Council v Hennessey [1982] ACJ 699;King v Director-General of Social Welfare unreported, Colgan J, 26 September 1997, AEC 108/97 |
| Number of Pages | 9 |
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