| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 380/05 |
| Hearing date | 26 Jul 2005 - 18 Aug 2005 (4 days) |
| Determination date | 26 September 2005 |
| Member | L Robinson |
| Representation | J Watson ; P White |
| Location | Auckland |
| Parties | Draper v Waikato District Health Board |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant left message scab" on co-worker's ("G") home phone after G worked during strike - G reported to operations manager her belief that another co-worker ("H") had left message - Applicant and H agreed that applicant would not confess to leaving message but would wait to see how seriously matter was treated - Following his meeting with H operations manager asked applicant whether she knew anything about phone message - Applicant lied to operations manager - H told union organiser ("J") that applicant had left message - After H was suspended, J implied to operations manager that applicant had left message - Applicant contacted H and told H's husband she had denied everything - H's husband informed operations manager of conversation and applicant's culpability - H told would be no further action taken against her if gave full account - Applicant confessed to leaving message - Operations manager asked J to represent applicant - Applicant suspended and later summarily dismissed - J asked respondent to consider allowing applicant to resign instead and applicant resigned - Appropriate for Authority to scrutinise decision to dismiss rather than purported resignation - Wrong for operations manager to facilitate J's representation of applicant when J had told him applicant had left message - Applicant's lying significant factor in decision to dismiss but this allegation never formally put to her - Disparity of treatment because both H and applicant were complicit in misleading respondent but H not disciplined - Therefore respondent's allegation of loss of confidence and trust in applicant not objectively sustainable - Single act of leaving phone message not sufficient to constitute grounds for summary dismissal - Unjustified dismissal - Remedies - No award for compensation for hurt and humiliation as applicant entirely author of own misfortune - Receptionist" |
| Result | Application granted ; Reinstatement ordered ; Reimbursement of lost wages (12 weeks) ; Costs reserved |
| Statutes | ERA s124 |
| Number of Pages | 10 |
| PDF File Link: | aa 380_05.pdf [pdf 97 KB] |