| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 361/05 |
| Hearing date | 28 Jul 2005 |
| Determination date | 15 September 2005 |
| Member | D King |
| Representation | M English ; E Butcher |
| Location | Auckland |
| Parties | Henderson and Anor v Unitec Institute of Technology and Anor |
| Other Parties | Henderson, Unitec Institute of Technology |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant had affair with another staff member whose wife worked part time for respondent - Applicant upset with amount of time wife continued to be present at premises at what she believed to be inappropriate times - Applicant sent emails to wife anonymously with emails sent between applicant and husband attached - Husband and wife complained to respondent about sending of emails - Dismissed for serious misconduct - Applicant concerned about safety - Respondent replied that it was not its problem despite the fact it took action when husband and wife complained about harassment - Sending of emails anonymously was unwise - Misconduct but not of a sufficiently serious nature - Email sending also had to be considered in context of respondent's failure to address applicant's concerns - Not a misuse of respondent's property to send emails - Dismissal procedurally unfair - Parties to return to mediation to attempt to address remedies - No legal obligation to backdate salary increase - Senior academic staff member |
| Result | Application granted ; Orders accordingly ; Costs reserved |
| Cases Cited | North Island Wholesale Groceries Ltd v Hewin [1982] 2 NZLR 176, (1982) ERNZ Sel Cas 27 |
| Number of Pages | 6 |
| PDF File Link: | aa 361_05.pdf [pdf 38 KB] |