| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 127/10 |
| Hearing date | 8 Dec 2009 - 21 May 2010 (4 days) |
| Determination date | 23 July 2010 |
| Member | G J Wood |
| Representation | B Buckett ; J Holden |
| Location | Wellington |
| Parties | Eagles v State Services Commissioner |
| Summary | UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant claimed unjustifiably dismissed by respondent for failing to attend disciplinary meeting as complainant; failing to attend medical assessment; and failing to communicate with respondent’s officers – Also claimed respondent failed to provide safe workplace, offer proper support in complaint against co-worker (“C”), and suspension unjustified – Authority found respondent’s evidence generally preferred – However, applicant’s evidence preferred in relation to suspension and disciplinary meeting – At time of events, applicant suffering major injury affecting brain – C called applicant into meeting room to discuss junior staff member’s concerns regarding treatment by applicant – Applicant claimed denied C’s claims and wanted to leave – Applicant claimed when attempted to leave shouldered by C and hit head – C admitted trying to stop applicant leave room but disputed pushing or shouldering applicant – Applicant reported incident to C’s manager (“S”) – Authority rejected applicant’s argument S sought to stop inquiry into incident – Subsequently applicant went on sick leave and when returned refused to attend C’s disciplinary meeting and said would provide written statement to support complaint – Respondent advised applicant failure to attend would be considered failure to comply with lawful and reasonable instruction and could result in disciplinary investigation into applicant – Subsequently applicant informed disciplinary action being commenced against him – Applicant suffered nosebleeds and told as part of respondent’s leave policy and employment agreement could be directed to undergo medical examination – Applicant refused to see doctor respondent had engaged – Subsequently respondent concluded disciplinary investigation into C and found C’s statement had to be accepted given absence of any contrary evidence, therefore C not disciplined – Applicant given notice of disciplinary meeting and suspended – Applicant refused to participate in disciplinary meeting unless got certain information – Respondent made preliminary findings that applicant failed to follow lawful and reasonable instructions amounting to misconduct – Applicant subsequently dismissed – Authority did not accept applicant not provided with safe workplace – Found applicant made assault complaint but failed to co-operate with full investigation conducted by respondent – Found respondent acted reasonably in investigating complaint – Found respondents actions in respect of dismissal those of fair and reasonable employer – Found at time respondent unaware of seriousness of applicant’s medical condition, however, sought further information but applicant refused to co-operate – Found applicant’s behaviour serious misconduct – Found fair and reasonable employer entitled to insist employees attend meetings to discuss matters occurring at work – Found applicant wilfully failed to follow instructions without reasonable grounds for refusing – Found applicant’s behaviour through emails completely unacceptable for senior public servant – Found respondent’s failure to attend mediation in circumstances did not create unjustified dismissal – No unjustified dismissal – Authority found applicant not given proper opportunity to make submissions on suspension – Found suspension unjustified – Remedies – Found given applicant’s fragile state at time no blameworthy behaviour to warrant contributory conduct reduction – Found $2,500 compensation appropriate – ICT Finance Manager |
| Result | Application dismissed (Unjustified dismissal) ; Application granted (Unjustified disadvantage – Suspension) ; Compensation for humiliation etc ($2,500) ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 22 |
| PDF File Link: | wa 127_10.pdf [pdf 70 KB] |