| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 169/06 |
| Hearing date | 10 Feb 2006 |
| Determination date | 15 May 2006 |
| Member | V Campbell |
| Representation | V Atkinson (in person) ; S Robson |
| Location | Auckland |
| Parties | Atkinson v The Chief Executive, Department of Corrections |
| Summary | UNJUSTIFIED DISMISSAL – Serious misconduct – Summary dismissal - Former employee (“P”) of respondent parked car in way that prevented applicant from accessing car park – P initially ignored applicant’s horn signals to move and then pushed car door into applicant when applicant tried to get out of car – Applicant then punched P in the face – Dismissed for serious misconduct after disciplinary process – Respondent’s code of conduct prohibited use of violence in workplace – Also stated that employees working with offenders would be held to high standards of personal behaviour as were to be role models for offenders – Investigation thorough, fair and reasonable – Every possible witness interviewed – Applicant provided detailed responses to allegations and responses carefully considered – When applicant raised concerns about disciplinary process respondent arranged comprehensive independent review – Applicant’s violence not self-defence – Reasonable person would have asked P to move his car – Open to respondent to conclude applicant’s actions serious misconduct warranting summary dismissal – Dismissal justified – Length of service five years two months - Probation officer |
| Result | Application dismissed ; No order for costs |
| Cases Cited | Central Clerical Workers Union v E V McConnell Ltd (t/a Bridge Service Station) [1990] 3 NZILR 1048;Man O’War Farm Limited v Bree [2003] 1 ERNZ 83;McGregor v Armour Creations Ltd & Northern Labour District Saddlers & Canvas Workers’ Union [1990] 1 NZILR 610;NZ Meat Processors etc IUOW v Richmond Ltd [1991] 2 ERNZ 566;Pilkington (New Zealand) Limited v Sangha [1999] 2 ERNZ 263;W & H Newspapers v Oram [2000] 2 ERNZ 448 ; [2001] 3 NZLR 29 |
| Number of Pages | 12 |
| PDF File Link: | aa 169_06.pdf [pdf 61 KB] |