| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 81B/10 |
| Hearing date | 15 Jun 2010 - 30 Jun 2010 (5 days) |
| Determination date | 23 July 2010 |
| Member | G J Wood |
| Representation | T Blake ; P McBride, T Mitchell |
| Location | Wellington |
| Parties | Adams v Wellington Free Ambulance Service Inc |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant argued unjustifiably dismissed and sought reinstatement – Applicant summarily dismissed for serious misconduct following incidents with co-worker on shift and subsequently on Facebook – Respondent invited applicant to attend disciplinary meeting and provided written complaint by co-worker – Witnesses made negative comments about applicant suggesting pattern of behaviour ongoing – Comments not disclosed to applicant – Authority found respondent relied on evidence of witnesses that touched on matters outside complaint in decision to dismiss – After applicant’s dismissal employees raised concerns about reinstatement – Found applicant entitled to information to effectively defend allegations and retain job – Found respondent did not act as fair and reasonable employer in withholding information relied on in decision to dismiss – Found penalty should not be determined on material not provided to applicant – Dismissal unjustified – REMEDIES – Remedies to be reduced by one third for serious subsequently discovered misconduct – Found applicant’s behaviour unprofessional – Found incident premeditated and designed to intimidate co-worker – Found applicant not responsible for respondent’s failure to provide opportunity to respond to allegations – 40 percent contributory conduct – Found large number of employees opposed applicant’s reinstatement – Applicant undergoing counselling to improve communication skills – Found applicant’s comments on Facebook displayed degree of intolerant and overbearing behaviour – Found comments made sometime after incident at work and supported respondent’s argument of inbuilt negative characteristics of applicant – Applicant admitted would find difficult to receive training from training co-ordinator – Found applicant’s failure to understand interactions on Facebook legitimate areas of concern for employer significant – Found applicant’s position stressful and serious risks in reinstatement – Found reinstatement not practicable – Found 17 weeks reimbursement of lost wages appropriate – Found applicant lost opportunity to develop career and loss of job made attainment of paramedic-related qualifications harder to achieve - $10,000 compensation appropriate – Emergency Medical Dispatcher |
| Result | Application granted ; Reimbursement of lost wages (17 weeks)(reduced by 60%) ; Compensation for humiliation etc ($10,000 reduced to $4,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s124 |
| Cases Cited | Salt v Fell [2008] ERNZ 155 |
| Number of Pages | 16 |
| PDF File Link: | wa 81b_10.pdf [pdf 55 KB] |