| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 93/01 |
| Determination date | 21 December 2001 |
| Member | G J Wood |
| Representation | P Bartlett ; D Woodnorth |
| Location | Wellington |
| Parties | Murray v Chief Executive, Inland Revenue Department |
| Other Parties | Murray |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Correctly filled in pre-employment declaration listing no convictions - Subsequently convicted of benefit fraud - Received benefit payments while in employment with previous employer - Alleged actions brought respondent into disrepute and caused loss of trust and confidence - Code of conduct outlined serious misconduct - Suspended pending investigation - Given full opportunity to explain - Dismissal procedurally fair - No serious misconduct during employment - Requirement to protect integrity to tax system - Fraud likely to bring respondent into disrepute - Entitled to conclude irreconcilable breakdown of trust and confidence - Dismissal justified - UNJUSTIFIED DISADVANTAGE - Alleged suspension in breach of contract - Second applicant suspended over telephone - Not given opportunity to be heard - Suspension by unknown manager caused upset - Suspension of second applicant unjustified - Customer service officers |
| Result | Application dismissed (Unjustified dismissal) ; Application granted (Unjustified disadvantage) ; Compensation for humiliation etc ($1,000)(Second applicant) ; Costs reserved |
| Statutes | Social Security Act 1964;Tax Administration Act 1994 s81 |
| Cases Cited | BP Oil NZ Ltd v Northern Distribution Union [1992] 3 ERNZ 483;Reid v New Zealand Fire Service Commission [1999] 1 ERNZ 104;Tawhiwhirangi v Attorney General in respect of the Chief Executive, Department of Justice [1993] 2 ERNZ 546;Tawhiwhirangi v Attorney-General in respect of the Chief Executive, Department of Justice [1994] 1 ERNZ 459;W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448 |
| Number of Pages | 9 |
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