| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 51/02 |
| Hearing date | 23 May 2002 |
| Determination date | 20 June 2002 |
| Member | G J Wood |
| Representation | J Slater ; R Chan |
| Location | Wellington |
| Parties | Lawry v The Attorney-General in respect of the Department of Corrections |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Challenge to severity of penalty - Charged with offences relating to use and possession of cannabis - Informed manager of charges immediately - Exemplary work record - Procedurally fair investigation and disciplinary meetings - Concluded at first disciplinary meeting that behaviour amounted to serious misconduct - Further meeting to discuss penalty - Dismissed despite promise not to reoffend and undertaking to undergo drug testing - Mitigating factors all taken into account by respondent - Authority unable to substitute judgment for that of respondent - Fair opportunity to raise disparity of treatment at meeting regarding penalty - Other employees' offences of different nature - No prima facie case of disparity - Dismissal justified - Principal corrections officer |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Airline Stewards and Hostesses of NZ IUOW v Air NZ Ltd [1985] ACJ 952;NZFP Pulp and Paper Co Ltd v Horn [1996] 1 ERNZ 278;Sutherland v Air New Zealand Ltd [1993] 2 ERNZ 386;W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448 ; [2001] 3 NZLR 29 |
| Number of Pages | 7 |
| PDF File Link: | wa 51_02.pdf [pdf 456 KB] |