| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 244/05 |
| Hearing date | 31 May 2005 |
| Determination date | 04 July 2005 |
| Member | M Urlich |
| Representation | P Pa'u ; K Beck |
| Location | Auckland |
| Parties | Tuiasau v Sport Waitakere |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant told his position was to be restructured - Respondent had good faith obligation to consult staff on proposals which could affect their employment - By circulating advertisements for positions in new structure prior to announcing it to affected staff and failing to consult staff prior to making decision to restructure respondent breached good faith obligations - Upon learning of restructuring applicant wrote emails to colleagues, family and friends outside respondent - Emails alleged respondent and its CEO were racist - Respondent suspended and then dismissed applicant for stating negative comments about respondent which besmirched its name and reputation - Suspension an unjustified disadvantage because applicant not given opportunity to respond to allegations under investigation or comment on appropriateness of suspension - Decision-maker about dismissal was CEO - CEO unable to conduct a fair investigation in an impartial manner - Used investigation process to vent concerns that emails a personal insult - No reasons for dismissal given at time - Significant flaw in process - Unjustified dismissal - Remedies - Emails breached obligations applicant owed respondent - 50 percent contributory conduct - Pacific Island sports coordinator |
| Result | Application granted ; Reimbursement of lost wages (2 months reduced to 1 month) ; Compensation for humiliation etc (unjustified disadvantage)($3,000 reduced to $1,500) ; (unjustified dismissal)($6,000 reduced to $3,000) ; Costs reserved |
| Statutes | ERA s4(4);ERA s124 |
| Cases Cited | Airline Stewards and Hostesses of NZ IUOW v Air NZ Ltd [1990] 3 NZLR 549;NZ Tramways Etc IUOW v Auckland Regional Council [1992] 2 ERNZ 883 |
| Number of Pages | 8 |
| PDF File Link: | aa 244_05.pdf [pdf 49 KB] |