| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 36/06 |
| Hearing date | 6 Oct 2005 |
| Determination date | 14 February 2006 |
| Member | K J Anderson |
| Representation | JA Jones (in person) ; D Gunson (in person) |
| Location | Auckland |
| Parties | Jones v Gunson |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Respondent owned and operated locally produced complimentary newspaper - Respondent became aware that applicant had approved material for publication that respondent considered was inappropriate and could potentially damage reputation of newspaper - When respondent looked at computer files she discovered variety of material that raised concern - Also became aware of what appeared to be unauthorised presence of applicant's partner on business premises, and inappropriate use of business computer to access pornographic websites - Authority concluded that some of applicant's behaviour was very questionable but not role of Authority to make value judgements as to how individuals conducted their personal lives - Respondent entitled to view actions of applicant as serious misconduct warranting dismissal - Dismissal justified - PENALTY - Respondent failed to provide written individual employment agreement but applicant did not seek penalty for this breach - Editor/Manager |
| Result | Application dismissed ; Costs to lie where they fall |
| Statutes | ERA s65;ERA s103A |
| Cases Cited | Northern Distribution Union v BP Oil NZ Ltd [1992] 3 ERNZ 483;Chief Executive of the Ministry of Maori Development v Travers-Jones [2003] 1 ERNZ 174 |
| Number of Pages | 5 |
| PDF File Link: | aa 36_06.pdf [pdf 33 KB] |