| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 76A/08 |
| Hearing date | 18 Apr 2008 - 21 Apr 2008 (2 days) |
| Determination date | 30 June 2008 |
| Member | H Doyle |
| Representation | K Stringleman ; B Fletcher |
| Location | Blenheim |
| Parties | Joseph v Maataa Waka Ki Te 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 applicant and a co-worker distributed sensitive material about team leader to respondent and third party which contracted respondent to provide services - Material supplied with list of other external parties with intent to intimidate and worry team leader - Respondent entitled to conclude distribution to third party intended to show team leader in bad light and would harm its reputation - Distribution not done in good faith - Rendered future working relationship with team leader very difficult if not impossible - Fair and reasonable employer would conclude distribution or threatened distribution of material outside of employer serious misconduct - Other performance and conduct issues not previously raised with applicant - Did not constitute serious misconduct in absence of formal warnings - Substantive justification for dismissal but procedural unfairness - Respondent required to advise applicant of conclusions but instead sent dismissal letter - Failure to go back to applicant with conclusions and response to questions did support that, after distribution came to light, matter not approached with open mind - Disciplinary process not that of fair and reasonable employer and therefore decision to dismiss not one fair and reasonable employer would have reached - Dismissal unjustified - Remedies - Respondent advised matter relevant to remedies came to its attention after dismissal - Remedies reserved for parties to provide further information and comment - Previous interim order prohibiting publication of identity of team leader and related material made permanent |
| Result | Application granted ; Remedies reserved ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A);ERA s54;ERA s103A |
| Cases Cited | Chief Executive of Unitech Institute of Technology v Henderson [2007] 4;NZELR 418;Murphy and Routhan v van Beek [1998] 2 ERNZ 607;Salt v Fell [2008] NZCA 128;X v Auckland District Health Board [2007] 1 ERNZ 66 |
| Number of Pages | 17 |
| PDF File Link: | ca 76a_08.pdf [pdf 81 KB] |