| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 74A/08 |
| Hearing date | 13 Mar 2008 - 14 Mar 2008 (2 days) |
| Determination date | 30 June 2008 |
| Member | H Doyle |
| Representation | K Stringleman ; B Fletcher |
| Location | Blenheim |
| Parties | Huntley v Maataa Waka Ki Tau Ihu Trust |
| Summary | UNJUSTIFIED DISMISSAL - Misconduct - Respondent raised conduct and performance concerns with applicant - Joint disciplinary meeting with two co-workers who received similar disciplinary letters - Before meeting those co-workers distributed sensitive material about team leader to respondent and third party - Respondent relied on distribution and/or threatened distribution of material to dismiss applicant - Nothing to support conclusion applicant encouraged or assisted co-workers - Respondent also alleged bullying and incompatibility with other staff - Matters not previously raised with applicant so no opportunity to change behaviour - Environment clearly very unpleasant but fair and reasonable employer would not conclude serious misconduct or irreconcilable breakdown of relationships attributable wholly or substantially to applicant - Serious performance failures - However, in absence of monitoring or warnings, failure could not be said to amount to dereliction of duty and serious misconduct - Disciplinary process not that of fair and reasonable employer - Should have been further meeting to discuss respondent’s conclusions and report back on questions submitted to Board before dismissal - Dismissal unjustified - Remedies - Contributory conduct 50% - Applicant sought reinstatement - Not a good team environment when applicant employed there and at least a perception she was part of the reason - Applicant’s defensive responses about working relationships raised doubt would be amenable to constructive solutions - Reinstatement not practicable - Applicant’s claim for lost benefit of parental leave not raised until final submissions - Leave reserved to allow respondent to make submissions - Previous interim order prohibiting publication of identity of team leader and related material made permanent |
| Result | Application granted ; Reimbursement of lost wages ($10,400 reduced to $5,200)(less earnings)(Three months) ; Compensation for humiliation etc ($10,000 reduced to $5,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Cases Cited | Mabry v West Auckland Living Skills Home Trust Board unreported, Travis J, 19 December 2001, AC86/01;New Zealand Education Institute v Board of Trustees of Auckland Normal Intermediate School Colgan J unreported, 05 May 1997, AEC 33/97;Sefo v Sealord Shellfish Ltd unreported, Colgan CJ, 17 April 2008,;CC 4A/08;X v Auckland District Health Board [2007] 1 ERNZ 66 |
| Number of Pages | 25 |
| PDF File Link: | ca 74a_08.pdf [pdf 108 KB] |