| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 125/06 |
| Hearing date | 2 Jun 2006 |
| Determination date | 17 August 2006 |
| Member | H Doyle |
| Representation | A Shaw ; K Spackman |
| Location | Christchurch |
| Parties | Eade v Chief Executive in Respect of the Department of Corrections (CPS) |
| Summary | UNJUSTIFIED DISADVANTAGE – Altercation with offender – Offender abused applicant and threw stones at him – Applicant punched offender in head – Alleged self defence – Applicant on special leave then suspended and given written warning – Whether decision unfair given that investigation report writer found applicant acted in self defence – No disadvantage in relation to special leave – Suspension justified – Not disadvantaged by length of suspension – Authority did not consider that investigation process in entirety was too long in all circumstances – Investigation necessary and fair – Area manager found punch was not proportionate or reasonable response – Fair and reasonable employer would conclude in circumstances of case that incident with offender need not have progressed to stage it did – Punch not appropriate or reasonable response – Decision to issue written warning not unjustifiable on basis that applicant disparately treated – No personal grievance - Length of service 4ï¾½ years - Probation officer |
| Result | Application dismissed ; Costs reserved |
| Statutes | Crimes Act 1961 s48;ERA Second Schedule cl10(1) |
| Cases Cited | Alliance Freezing Co (Southland) Ltd v New Zealand Engineering Workers Union [1990] 1 NZLR 533; (1989) ERNZ Sel Cas 575 (CA) |
| Number of Pages | 11 |
| PDF File Link: | ca 125_06.pdf [pdf 54 KB] |