| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 355/05 |
| Hearing date | 12 May 2005 - 13 May 2005 (2 days) |
| Determination date | 13 September 2005 |
| Member | M Urlich |
| Representation | K Nicholson ; J Mills |
| Location | Auckland |
| Parties | Griffiths v Department of Corrections |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant had brief affair with co-worker who reported to him - Dismissed by respondent for falsification of accident form (related to affair) and failure to disclose personal relationship with co-worker - Code of Conduct provided that employees were expected to ensure personal relationships in workplace did not affect work and to talk to manager about any relationship that had potential to do so - At disciplinary meeting applicant admitted he falsified address and time on accident form - Co-worker alleged applicant also falsified date to coincide with day applicant rostered to work - Respondent concluded that applicant had also falsified date and this created pecuniary advantage for applicant - Conclusions open to respondent - Applicant admitted he did not tell manager about relationship with co-worker - Affair with co-worker impacted on applicant's work to significant degree, leading him to falsify an accident report and not respond to inquiry by manager regarding uncharacteristic conduct of co-worker - Open for respondent to conclude that applicant's failure to disclose relationship breached code of conduct - Reasonable for respondent to consider that applicant should have understood risk of sexual harassment complaint and disclosed relationship at early stage - No disparity of treatment with co-worker or former colleagues - Dismissal justified - Parole officer |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Samu v Air New Zealand [1995] 1 ERNZ 636 |
| Number of Pages | 8 |
| PDF File Link: | aa 355_05.pdf [pdf 49 KB] |