| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2011] NZERA Wellington 188 |
| Hearing date | 4 Aug 2011 |
| Determination date | 04 August 2011 |
| Member | G J Wood |
| Representation | B Henderson ; J Alcorn |
| Location | New Plymouth |
| Parties | Scott v Chief Executive of the Department of Corrections |
| Summary | UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by respondent – Paroled prisoner (“X”) breached parole condition by leaving residence during curfew period without permission – Applicant and X’s probation officer (“C”) discussed appropriateness of parole breach and recall actions and their likelihood of success – Respondent Area Manager (“N”) decided applicant’s behaviour could constitute serious misconduct as applicant might have encouraged C to deviate from standard practices – Applicant claimed acted professionally and only passed on comments of X’s lawyer – N decided suspension appropriate – N told applicant investigation would take two to three weeks – Respondent investigator concluded allegations not upheld but applicant had acted unprofessionally – N lifted suspension ten days after received investigator’s report – Authority found applicant’s conduct could have constituted serious misconduct – Found decision to suspend applicant justifiable by barest of margins – Found respondent should have lifted suspension more quickly after investigator cleared applicant – Found applicant unnecessarily kept away from workplace – Unjustified disadvantage – REMEDIES – No contributory conduct – Found compensation had to be directed at breach which was not act of suspension but rather failure to reinstate applicant as quickly as respondent should have – $1,000 compensation appropriate – Probation Officer |
| Result | Application granted ; Compensation for humiliation etc ($1,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | Birss v Callahan [1984] NZLR 513;Sefo v Sealord Shellfish Ltd [2008] ERNZ 178 |
| Number of Pages | 9 |
| PDF File Link: | 2011_NZERA_Wellington_188.pdf [pdf 53 KB] |