| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 35/02 |
| Determination date | 05 April 2002 |
| Member | P Cheyne |
| Representation | P Montgomery ; G Blair |
| Location | Christchurch |
| Parties | Columbus v Pacifica Shipping (1985) Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Breach of trust and confidence - Disclosed confidential computer password to co-worker - Co-worker accessed confidential information - Investigation - Breach of confidentiality - Admitted giving password for convenience - At time of disclosure no high level access - Changed access rights - Not aware anyone still had access to password - Knew co-worker was not authorised - Whether willful misconduct - No disparity of treatment - Staff had blase attitude to passwords - Conduct not willful - No opportunity to comment on findings - Dismissal unjustified - Contributory conduct 20 percent - Administration manager |
| Result | Application granted ; Reimbursement of lost wages (To be calculated by parties) ; Compensation for humiliation etc ($5,000) ; Costs reserved |
| Cases Cited | NZ (with exceptions) Food Processing etc IUOW v Unilever NZ Ltd [1990] 1 NZILR 35;Samu v Air New Zealand Ltd [1995] 1 ERNZ 636;W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448 |
| Number of Pages | 6 |
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