| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 148/07 |
| Hearing date | 13 Sep 2007 |
| Determination date | 06 December 2007 |
| Member | H Doyle |
| Representation | T Wilton ; R Gibson |
| Location | Christchurch |
| Parties | Coffey v The Christchurch Press, A Division of Fairfax New Zealand Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Misconduct - Applicant dismissed after outburst at editor - Applicant upset when editor incorrectly changed story - Error corrected before paper printed - Editor complained applicant’s reaction inappropriate - Disciplinary meeting to discuss allegation expressed contempt for, and directed offensive language towards others - Applicant previously given final warning for similar behaviour - Admitted most of allegation but claimed strong language common at workplace - Respondent chose to dismiss applicant on notice - Process full and fair - Reasonable for employer to conclude outburst directed at editor and inappropriate - Conduct amounted to misconduct - Applicant long term employee and length of service taken into consideration by respondent - Previous warnings clear - Although applicant had made some changes since last warning, not enough for respondent to conclude behaviour would not be repeated - Dismissal justified - Failure to pay correct amount in lieu of notice did not vitiate otherwise justified dismissal and full payment now made - Journalist |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Cases Cited | Air New Zealand Ltd v Hudson [2006] 1 ERNZ 415;Land Transport New Zealand . V Mackay unreported, Couch J, WC 14/06;Wellington Road Transport etc Union v Fletcher Construction [1983] ACJ 653 |
| Number of Pages | 13 |
| PDF File Link: | ca 148_07.pdf [pdf 49 KB] |