| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 267/07 |
| Hearing date | 7 Aug 2007 |
| Determination date | 29 August 2007 |
| Member | M Urlich |
| Representation | M Smyth ; C Patterson |
| Location | Auckland |
| Parties | McKenzie v Ogilvy New Zealand Ltd t/a Advertising Works Ogilvy Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Misconduct - Applicant previously warned about performance - Accidently copied internal email correspondence to client - Contained statement potentially derogatory of client - Did not report incident as considered client accepted apology - In second email to colleague, also copied to client, applicant called client’s requested changes “ridiculous” - Claimed merely repeating client’s description - Client complained about emails and asked applicant be removed from account - Respondent held management meeting without applicant and decided to dismiss him - Did not consider disciplinary process set out in employment agreement - Applicant given letter detailing summary dismissal - Some discussion about incident but respondent not able to demonstrate dismissal came close to meeting standards of fair process - Respondent conceded this at investigation meeting - Dismissal unjustified - Remedies - Applicant’s evidence as to reasonableness of emails not accepted - Respondent entitled to see behaviour as serious misconduct - Difficult for Authority to accept applicant unable to mitigate lost wages given skills - Global award of $1,500 appropriate - Account executive |
| Result | Application granted ; Compensation for humiliation etc ($1,500) ; Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | Waitakere City Council v Ioane [2005] ERNZ 1043 |
| Number of Pages | 5 |
| PDF File Link: | aa 267_07.pdf [pdf 20 KB] |