Employment Court upholds dismissal for coercion of staff member during investigation
09 Aug 06Ms McKay was employed by Land Transport Safety Authority ("LTSA") as a Regional Administration Manager at its Napier office. In November 2003 LTNZ issued Ms MacKay with a final warning for failing to properly account for personal calls made on an LTSA cell phone and for "misleading and deceptive" conduct. In the two months that followed further misconduct issues arose, including an incident in which Ms MacKay allegedly refused to take a message for her manager. A disciplinary meeting was held with Ms MacKay on 20 February 2004, after which Ms MacKay allegedly spoke to the office secretary about the phone call incident and said "if you say it was intentional I will be sacked". The secretary advised her LTSA manager, and after further investigation, the LTSA dismissed Ms MacKay for serious misconduct.
Ms MacKay filed a personal grievance with the Employment Relations Authority claiming it was not open to the LTSA to find there was serious misconduct in the circumstances. The Authority found in her favour. The LTSA appealed to the Employment Court. The Court decided the LTSA undertook a full and fair inquiry and that Ms MacKay's conduct was capable of being considered serious misconduct. There were no factors weighing against a dismissal and the dismissal was justified on the grounds of persistent misconduct. Ms MacKay's claim was dismissed.
Ms MacKay filed a personal grievance with the Employment Relations Authority claiming it was not open to the LTSA to find there was serious misconduct in the circumstances. The Authority found in her favour. The LTSA appealed to the Employment Court. The Court decided the LTSA undertook a full and fair inquiry and that Ms MacKay's conduct was capable of being considered serious misconduct. There were no factors weighing against a dismissal and the dismissal was justified on the grounds of persistent misconduct. Ms MacKay's claim was dismissed.
