| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 5/06 |
| Hearing date | 23 Nov 2005 |
| Determination date | 13 January 2006 |
| Member | R A Monaghan |
| Representation | P Walen (in person) ; S Wilson |
| Location | Auckland |
| Parties | Walen v SkyCity Management (Auckland) Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Patron (O") complained to respondent about another patron ("W") - O wrongly believed that respondent had identified him to W as originator of complaint and as result W had accosted O in street - O interviewed by applicant - Interview recorded by video camera - Applicant advised O to report matter to Police but also suggested he stand up to W when no one was around - Swear words used - Respondent concerned about appropriateness of applicant's language and fact that he was apparently advocating an aggressive response - Applicant stood by advice - Dismissed for serious misconduct - Applicant crossed the line of acceptable conduct in interview with O - Fair and reasonable investigation - "Ethical belief" as set out in Human Rights Act 1993 did not extend to personal views on matters such as bullying - Applicant drew attention to previously unblemished record - While another manager might have reached different conclusion, applicant's manager's approach within range reasonably available to her - Alleged that if there had been a warning sign that interview was being videotaped he would have been more careful - No excuse for conduct - Authority had no power in respect of information privacy principles under Privacy Act 1993 - No disparity of treatment as no incidents disclosed circumstances directly comparable with applicants - Dismissal justified - Security supervisor and relief manager at casino" |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s105(2);Human Rights Act 1993 s21(1)(d);Privacy Act 1993 Privacy Principle 3;Privacy Act 1993 Privacy Principle 4 |
| Cases Cited | Airline Stewards and Hostesses of NZ IUOW v Air New Zealand Ltd [1985] ACJ 952;New Zealand Public Service Association Inc v Southland Regional Council unreported, Colgan J, 28 October 2005, CC 15/05;Samu v Air New Zealand Ltd [1995] 1 ERNZ 636;Sutherland v Air New Zealand Ltd [1993] 2 ERNZ 386 |
| Number of Pages | 7 |
| PDF File Link: | aa 5_06.pdf [pdf 47 KB] |