| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 22/01 |
| Determination date | 26 March 2001 |
| Member | A Dumbleton |
| Representation | B Patrick ; DA MacKinnon |
| Location | Auckland |
| Parties | Osborne v NZ Automobile Association Inc |
| Other Parties | Williams |
| Summary | UNJUSTIFIED DISMISSAL - Summary dismissal - Serious misconduct - Used membership files to exchange jokes - Whether unauthorised alteration of membership files and falsification of information - Offensive language - Unproductive use of employer's time - No evidence of disparity of treatment - No victimisation due to refusal to change roster and involvement with union - Behaviour not condoned nor part of office culture - Conduct capable of being viewed as serious misconduct - Harsh but fair dismissal - Decision open to fair and reasonable employer |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s157(2) |
| Cases Cited | Northern Distribution Union v BP Oil NZ Ltd [1992] 3 ERNZ 483;Read v Air New Zealand [1991] 3 ERNZ 139 |
| Number of Pages | 8 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |