| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 9/09 |
| Hearing date | 13 Nov 2008 |
| Determination date | 14 January 2009 |
| Member | V Campbell |
| Representation | M Chambers ; S Hornsby-Geluk |
| Location | Hamilton |
| Parties | Dryden v The Radio Network of New Zealand Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious misconduct – Dismissal letter stated reasons for dismissal were: failed to act in professional and appropriate manner; actions brought respondent into disrepute; failed to follow lawful and reasonable instruction from manager (“S”) - Applicant attended public meeting at which Mayor refused to answer question from Chairman of South Waikato Achievement Trust Board (“F”) – Applicant called loudly for Mayor to answer question, then repeated call before Mayor had opportunity to respond – After meeting, applicant invited F to radio interview next morning - S chastised applicant for behaviour and instructed applicant not to interview F or discuss meeting on air until spoke further with S – Applicant publicly called S “a joke” and said S had conflict of interest due to S’s public roles – Member of public told applicant that conduct unprofessional - Applicant said if S did not want applicant to proceed with interview, respondent’s General Manager (“J”) could contact applicant – S reminded applicant that was S’s decision as applicant’s manager – Applicant conducted live radio interview with F next morning – Mayor, good client of respondent, complained to respondent about applicant’s conduct at meeting – After applicant’s shift, applicant called to meeting with S – Applicant initially refused to explain behaviour – S asked why ignored instructions - Applicant stated had not received call from J so felt he could, and reiterated S’s conflict of interest given position on Council – Authority noted conduct out of working hours can impact on employee’s employment when conduct manifestly injurious to interests of employer, particularly where clear relationship between conduct and employment existed - Applicant claimed attended meeting in personal capacity as citizen so conduct had no impact on employer – J concluded general public perception was applicant at meeting as respondent’s representative – Authority agreed with respondent, finding applicant strongly associated with respondent as public figure in small community – Found that at meeting applicant located with other media and wore clothing with respondent’s logo – Found conduct towards Mayor may not of itself have been inappropriate and unprofessional, however those who witnessed conduct towards S after meeting did view conduct as inappropriate and unprofessional – Authority found applicant’s conduct toward S disrespectful and inappropriate in public forum – Found was conduct which could bring respondent into disrepute – Applicant maintained throughout disciplinary process that entitled to disregard S’s instructions as considered S biased – J concluded applicant not entitled to disregard S’s instruction – J also concerned that applicant refused to discuss matter with S – Authority found S’s instruction was lawful and reasonable – Found refusal to adhere to S’s instruction deliberate and intentional, as applicant acknowledged on air that “was not supposed to” conduct interview – Authority found clear breach of respondent’s Employment Policies (“EP”) – EP incorporated into employment agreement - In all circumstances, fair and reasonable employer would consider conduct amounted to serious misconduct - Dismissal justified – Proper procedures followed - Radio Station Breakfast Host |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | Air New Zealand v Hudson [2006] 1 ERNZ 415;McDougall v Van Allen & Co Ltd (1909) 19 OLR 351;Mussen v NZ Clerical Workers Union [1991] 3 ERNZ 368;Smith v Christchurch Press Co Ltd [2000] 1 ERNZ 624 (CA);Toll New Zealand Consolidated Ltd v Rowe, AC 39A/07, unreported, 19 December 2007, Shaw, J;Wellington etc Clerical IUOWv College Group Ltd [1984] ACJ 315;X v Auckland District Health Board [2007] 1 ERNZ 66 |
| Number of Pages | 11 |
| PDF File Link: | aa 9_09.pdf [pdf 45 KB] |