| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 57/08 |
| Hearing date | 27 Nov 2007 - 28 Nov 2007 (2 days) |
| Determination date | 06 May 2008 |
| Member | P Montgomery |
| Representation | A Klinkert ; P McBride |
| Location | Dunedin |
| Parties | Homan v Dunedin Fire District a Division of the New Zealand Fire Service |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Misconduct - Applicant charged with male assaults female after visiting bar while away on employment-related course (subsequently pled guilty) - Suspended pending Court appearance - Applicant agreed to suspension - Not an unjustified action - Dismissed following respondent’s investigation into incident - Applicant submitted had not breached standards of conduct - Position partly based on fact incident happened away from work, and subsequent steps taken to address problems - Dismissal not based solely on issue of bringing Fire Service into disrepute but took into account loss of trust and confidence - Particularly high standard of personal integrity demanded of members of Fire Service - Applicant had also breached undertaking given to respondent after charged with theft after a drinking session at time being considered as recruit - Dismissal justified - Firefighter |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | Crimes Act 1961 s194(b);ERA s103A |
| Cases Cited | Smith v Christchurch Press Company Ltd [2000] 1 ERNZ 624 |
| Number of Pages | 10 |
| PDF File Link: | ca 57_08.pdf [pdf 44 KB] |