| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 112/07 |
| Hearing date | 31 Jul 2007 |
| Determination date | 12 September 2007 |
| Member | P Montgomery |
| Representation | A Little ; P Kiely, D Erickson |
| Location | Christchurch |
| Parties | Wills v Air New Zealand Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious misconduct – Summary dismissal – Respondent audited employees’ internet use – Resulted in applicant’s dismissal for excessive personal use – Authority found internet use policies disbursed in number of free-standing and partly contradictory documents – Applicant insufficiently inducted or briefed on internet use policies – Respondent did not require signed acknowledgment understood and agreed to terms of use before access given - Widespread uncondoned practice of sharing access and leaving computers logged on - Could not safely conclude applicant personally accessed or attempted to access objectionable sites, or be sure used internet for excessive personal use – Insufficient evidence applicant intended to gain access to objectionable sites or personally gained access to sites deliberately – Little evidence applicant's good record considered when dismissal decision made - Delay in dealing with allegations unreasonable - Notified under investigation over three months after four co-workers dismissed for similar conduct - Applicant entitled to rely on manager’s earlier statement no other staff under investigation – Fair and reasonable employer would not have dismissed – Once put on notice of uncondoned practice, respondent failed to investigate it – Had it done so, more corrective and educational programme might have resulted in retention of applicant, and eradicated practice – Dismissal unjustified – Remedies - In light of failure to appropriately induct applicant, reinstatement ordered - Leave reserved if unable to agree on date applicant to resume employment |
| Result | Application granted ; Reinstatement ordered ; Reimbursement of lost wages ($8,048) ; Compensation for humiliation etc ($5,000) ; Leave reserved to return to Authority ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Cases Cited | New Zealand (with exceptions) Food Processing etc IUOW v Unilever New Zealand Ltd [10990] 1 NZILR 35 |
| Number of Pages | 14 |
| PDF File Link: | ca 112_07.pdf [pdf 57 KB] |