| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 467/09 |
| Hearing date | 19 Oct 2009 - 23 Oct 2009 (5 days) |
| Determination date | 21 December 2009 |
| Member | L Robinson |
| Representation | A Hope ; P Churchman, P Shaw |
| Location | Auckland |
| Parties | Salinger v National Institute of Water & Atmospheric Research Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Following performance concerns applicant reminded of obligation to comply with respondent’s Media Statements policy (“policy”), other policies, and given specific instructions about how to deal with certain issues - Applicant complied with policies and instructions for many months - Applicant gave radio interview without respondent’s prior approval - Respondent began disciplinary investigation into interview and reports of inappropriate behaviour - During investigation two other incidents of unauthorised contact with the media occurred - Respondent rejected applicant’s explanations for conduct - Respondent concluded unauthorised contact with media and breach of instructions constituted serious misconduct warranting summary dismissal - Concluded lost trust and confidence in applicant - Applicant summarily dismissed - Authority found respondent’s policy legitimate - Found instructions given to applicant lawful and reasonable - Found applicant aware of respondent’s policies and instructions - Found respondent’s findings sound and appropriate - Found applicant failed to comply with policy and repeated lawful and reasonable instructions - Found particularly concerning two incidents occurred during disciplinary investigation - Found respondent justified in concluding no longer had trust and confidence applicant would continue to faithfully serve respondent - Respondent’s actions those of fair and reasonable employer - Dismissal justified - DISPUTE - Applicant sought to raise dispute about instructions given to him - Found as issue did not relate to employment agreement no dispute - Claim dismissed - UNJUSTIFIED DISADVANTAGE - Found no unjustified disadvantage grievance raised within 90 days - Principal Scientist |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | Crown Entities Act 2004 s118;Crown Research Institutes Act 1992;Crown Research Institutes Act 1992 s5;ERA s5;ERA s103A;ERA s129 |
| Number of Pages | 26 |
| PDF File Link: | aa 467_09.pdf [pdf 80 KB] |