| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 192/01 |
| Determination date | 20 November 2001 |
| Member | A Dumbleton |
| Representation | J Haig ; H Cull |
| Location | Auckland |
| Parties | Latimer v Commissioner of Inland Revenue |
| Summary | UNJUSTIFIED DISADVANTAGE - Refused to allow commencement of appointment to managerial position - Alleged unacceptable business risk due to potential conflict of interest - Spouse began working for competitor - No evidence that confidential information passed between husband and wife - No basis of fact to explain refusal - Must make reasonable attempt to assess or analyse degree to which risk might be present - Decision to disallow position to be based on adverse view of professionalism or integrity - No attempt to assess actual extent of business risk - Actions unreasonable and not able to be justified - Disadvantaged in employment - No improper motives or bad faith - Reinstatement appropriate - Respondent to consider protection necessary to maintain integrity of tax system - Chartered accountant |
| Result | Application granted ; Reinstatement ordered ; Compensation for humiliation etc ($4,500) ; Costs reserved |
| Statutes | ERA s160(3);Tax Administration Act 1994 s6;Tax Administration Act 1994 s81 |
| Cases Cited | Northern Clerical Workers Union v Printpac UEB Carton [1989] 2 NZILR 644 |
| Number of Pages | 9 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |