| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 362/10 |
| Hearing date | 13 Aug 2010 |
| Determination date | 17 August 2010 |
| Member | A Dumbleton |
| Representation | M Whitehead ; N Jones |
| Location | Auckland |
| Parties | Hohaia v New Zealand Post Ltd |
| Summary | INJUNCTION – Applicant sought interim reinstatement following dismissal for serious misconduct – Respondent requested applicant attend disciplinary meeting after becoming aware applicant facilitated Facebook sites, accessible to public, which brought respondent into disrepute – Respondent claimed comments on site denigrated work colleague and undermined leadership and effective operation of delivery branch – Applicant claimed did not realise sites accessible by public – Applicant dismissed – Authority found applicant had arguable case – Found applicant disputed agreed actions damaged employer’s reputation or humiliated colleague – Found respondent may not have understood extent two different sites were accessible to public – Found employer did not take action straight away about sites – Found possible disparity of treatment between applicant and other employees who participated in sites – Found balance of convenience favoured respondent as full investigation to take place within three weeks – Found award of lost remuneration adequate remedy – Found Facebook comments suggested significant loss of respect, trust and confidence in employer – Found applicant’s negative attitude may seriously hinder ability to be reinstated sincerely and fully – Application for interim reinstatement declined – Postie |
| Result | Application dismissed ; Costs reserved |
| Main Category | Injunction |
| Statutes | ERA s101C;ERA s125;ERA s127 |
| Cases Cited | Cliff v Air New Zealand unreported, Colgan J, 22 Feb 2005, AC 6A/05 |
| Number of Pages | 9 |
| PDF File Link: | aa 362_10.pdf [pdf 32 KB] |