| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 508/10 |
| Hearing date | 9 Sep 2010 |
| Determination date | 13 December 2010 |
| Member | D King |
| Representation | B Quarrie ; S Tuner |
| Location | Auckland |
| Parties | Dickinson v Chief Executive Ministry of Social Development |
| Summary | UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by respondent – Applicant issued with final warning for unauthorised access to records of clients known to applicant – Applicant charged with arson and placed on paid leave of absence – Collective Employment Agreement provided for suspension as part of disciplinary process – Applicant invited to meeting about criminal proceedings and agreed could not continue role – Applicant undertook work at Service Centre but not reinstated to full time duties and worked largely under supervision – Applicant posted comments to facebook page including references to political views and derogatory comments about public service – Applicant placed on paid leave of absence – Respondent considered suspension – Respondent claimed placed applicant on paid leave to give opportunity for applicant to seek advice – Applicant did not contest decision – Found applicant prevented from being in workplace – Found paid leave was suspension – Found applicant entitled to opportunity to respond before suspension took place – Respondent claimed no evidence applicant suffered disadvantage – Found fact applicant prohibited from entering premises constituted disadvantage – REMEDIES – Found difficult to arrive at compensatory sum as no actual evidence of humiliation or distress – Authority declined to make award – UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed – Applicant dismissed after period of paid leave – Authority found facebook comments unfortunate – Found political references did not undermine neutrality in public service – Found comments about public service derogatory and disparaging – Found given conviction of arson, reinstatement not possible – Found facebook entries by themselves did not justify dismissal – Found in context of history and past behaviour respondent entitled to consider point reached where trust and confidence no longer existed – Dismissal justified – Prison Reintegration Case Manager |
| Result | Application dismissed (unjustified dismissal) ; Application granted (unjustified disadvantage) ; Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | Airline Stewards & Hostesses of NZ IUOW v Air NZ Ltd [1986] ACJ 462;Butcher v OCS Ltd [2008] ERNZ 367;Hohaia v NZ Post Ltd unreported, A Dumbleton, 17 Aug 2010, AA 362/10 |
| Number of Pages | 5 |
| PDF File Link: | aa 508_10.pdf [pdf 23 KB] |