| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 114/06 |
| Hearing date | 16 Aug 2006 |
| Determination date | 18 August 2006 |
| Member | P R Stapp |
| Representation | I Hard ; A Martin |
| Location | Wellington |
| Parties | Winterburn v The Open Polytechnic of New Zealand |
| Summary | PRACTICE AND PROCEDURE - By consent Authority ordered medical evidence suppressed from publication and restricted use to parties in proceedings until matter fully heard - Affidavits and documents used in proceedings also suppressed until matter fully heard except for matters reported in determination - INJUNCTION - Interim reinstatement - Alleged unjustified summary dismissal - Applicant sent emails alleging bullying and racism by manager (Y") - Following mediation, applicant's complaints not investigated further as no details provided and she made no formal complaint - Dismissed for breach of disciplinary policy following complaint by Y about her conduct in relation to allegations - Applicant did not reasonably provide details of allegations when asked and position likely to be weak - Dismissal procedure not likely prejudicial - Issue whether respondent had grounds to reasonably conclude serious misconduct - Arguable case - Alternative remedies existed if applicant successful - Investigation meeting to be provided quickly - Active management of applicant would be required - Applicant made further allegations about institutional racism and other colleagues - Y's health affected by work environment involving applicant - Other staff unwilling to work with applicant - Did not seek reinstatement to same position and unclear how would be assisted - Balance of convenience favoured respondent - No prejudice to applicant given likelihood practicability of reinstatement and contribution would need to be considered - Application declined - Parties directed to mediation by consent" |
| Result | Application dismissed ; Orders accordingly ; Costs reserved |
| Number of Pages | 10 |
| PDF File Link: | wa 114_06.pdf [pdf 58 KB] |