| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 86/06 |
| Hearing date | 4 Apr 2006 |
| Determination date | 09 June 2006 |
| Member | P Cheyne |
| Representation | K Peoples (in person) ; R Gibson |
| Location | Christchurch |
| Parties | Peoples v Accident Compensation Corporation |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant developed individual rehabilitation plans (IRP's") for ACC claimants - Applicant dismissed for alleged breach of code of conduct - Respondent alleged applicant entered false information into its computer system relating to IRP's - Applicant alleged stress at work - Level of work output diminished due to glandular fever - Meetings about stress - Applicant critical of how respondent dealt with issue - Respondent discovered applicant entered invalid IRP's - Authority accepted respondent's evidence that applicant said practice saved time and was strong drive by ACC for case managers to achieve performance goals - Applicant claimed practice common among case managers - Respondent's investigation could not be faulted in any significant way - Applicant given opportunity to explain and no predetermination - Authority found investigation disclosed conduct capable of being regarded as serious misconduct - No serious challenge to conclusion applicant entered false information - Serious breach in light of potential risk - Applicant claimed disparity of disciplinary treatment - Evidence showed no other case managers had been dismissed for practice - Respondent claimed applicant's situation serious because of high percentage of incidents involved and recent direction given to applicant - Disparity adequately explained - Dismissal justified - Length of service nine years - Authority confirmed earlier order made prohibiting publication of names of any ACC claimants referred to in material before Authority - Case manager" |
| Result | Application dismissed ; Orders accordingly Costs reserved |
| Cases Cited | Chief Executive of Department of IRD v Buchanan & Anors [2005] 1 ERNZ 284;Pacific Forum Line Ltd v NZ Merchant Service Guild IUOW [1991];W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448 |
| Number of Pages | 6 |
| PDF File Link: | ca 86_06.pdf [pdf 40 KB] |