| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 301/06 |
| Hearing date | 12 Jun 2006 |
| Determination date | 20 September 2006 |
| Member | D King |
| Representation | S Fonua ; K Spackman |
| Location | Auckland |
| Parties | Brown-Fitikefu v Chief Executive, Department of Corrections |
| Summary | UNJUSTIFIED DISMISSAL – Serious misconduct - Alleged that applicant had sworn at offenders, threatened an offender, and allowed that offender to stay up a ten foot fence without safety equipment – Dismissal finely balanced – Respondent entitled to conclude applicant had sworn at offender in sense that she had used the “f” word when speaking to him – Respondent also entitled to include applicant had said she would inflict some damage on offender if he fell from fence – However, comments not offensive to offender – Lesser penalty than dismissal would have been fairer, especially considering applicant’s long employment history – Entitled to lost wages plus $5,000 compensation less 50 percent for contributory conduct - Length of service over 15 years - Community work supervisor |
| Result | Application granted ; Reimbursement of lost wages (Quantum to be determined by parties reduced by 50 percent contributory conduct) ; Compensation for humiliation etc ($5,000 reduced to $2,500) ; Costs reserved |
| Statutes | ERA s103A |
| Cases Cited | Air New Zealand Ltd v Hudson [2006] 1 ERNZ 415;Howe v The Internet Group Ltd (IHUG) [1999] 1 ERNZ 879 |
| Number of Pages | 6 |
| PDF File Link: | aa 301_06.pdf [pdf 43 KB] |