| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 62/10 |
| Hearing date | 23 Mar 2010 |
| Determination date | 12 April 2010 |
| Member | D Asher |
| Representation | G Tayler ; R Gibson |
| Location | Wellington |
| Parties | Brocklehurst v KBM Machines Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – Respondent reported breach of computer system to Police – Former employee interviewed regarding allegation and criminal proceedings later taken – As result of investigation, Police detective arrived at respondent’s premises and sought interview with applicant – Detective interviewed applicant in private area – Detective informed respondent did not believe applicant involved but had agreed to look at applicant’s personal computer – Subsequently Police satisfied applicant not involved – Applicant raised grievance claiming respondent breached investigation procedures and undertook “trial by ambush” – Applicant subsequently resigned – Police advised not acting for respondent but undertook investigation into suspected offence – Applicant claimed enquiry into Crimes Act 1961 juxtaposed with serious misconduct enquiry – Authority found no evidence Police acted as respondent’s agent in any capacity – Found no evidence respondent initiated disciplinary process regarding applicant – Found any complaint about Police interview should be addressed to relevant Police complaints authority – Found Police acted at all times statutorily independently of respondent, and never in any employment context, formally or otherwise as respondent’s agent – Found respondent had no control over approach adopted by Police – Found no evidence of malice or bad faith – Found Police not required to comply with natural justice in employment context or required to comply with employment agreement when conducting criminal investigation – Found no unjustified disadvantage – PENALTY – No evidence of harm caused to applicant through breach of Wages Protection Act 1983 – Penalty declined |
| Result | Applications dismissed (Unjustified disadvantage) (Penalty) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | Crimes Act 1961 s250;Wages Protection Act 1983 s65 |
| Cases Cited | Kumar v Elizabeth Memorial Home Ltd [2000] ELB 37;Xu v McIntosh [2004] 2 ERNZ 448 |
| Number of Pages | 7 |
| PDF File Link: | wa 62_10.pdf [pdf 24 KB] |