| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 319 |
| Hearing date | 15 Mar 2011 - 24 Mar 2011 (2 days) |
| Determination date | 19 June 2011 |
| Member | D King |
| Representation | G Swanepoel ; E Butcher |
| Location | Whangarei |
| Parties | Helean v Bank of New Zealand Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant claimed unjustifiably dismissed by respondent – Applicant’s associate (S") raised concerns about applicant’s rude demeanour to Managing Partner (“J”) – J had meetings with applicant and put performance plan in place which included S’s concerns – J had discussion with employee ("C") about applicant’s behaviour to C and along with Senior Partner ("H") agreed to raise concern with applicant – Applicant’s new associate told H and J about incident with applicant and filed formal complaint – Applicant told by J about complaint and received letter outlining alleged conduct – People and Culture investigated incident and recommended matter move to disciplinary stage – Applicant attended meeting and handed documents containing allegations – Applicant suspended – Applicant received letter outlining allegations and purpose of next meeting – J claimed consistent pattern of behaviour – Applicant claimed did nothing wrong – J told applicant presented no mitigating evidence and therefore allegations upheld – Applicant given chance to respond to proposal of dismissal – Applicant claimed dismissal unjustified and asked if length of service had been considered – J confirmed took account of length of service – Applicant dismissed – Applicant claimed J biased against applicant – Applicant claimed J had high level of annoyance to applicant which clouded judgment – Authority found disciplinary process fair – Found respondent entitled to take into account material relating to earlier periods as established pattern of behaviour and relevant to credibility – Found applicant did not accept any responsibility – Found if applicant unjustifiably dismissed then issues of contributory behaviour and failure to mitigate would be taken into account – Dismissal justified – Private Partner" |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Number of Pages | 8 |
| PDF File Link: | 2011_NZERA_Auckland_319.pdf [pdf 27 KB] |