The employee in this dispute concerning allegations of failure to perform duties with due diligence, resulting in a stage 3 sanction in a disciplinary hearing, had approximately seven years’ experience before leaving the company in 2012. 

The union claimed that fair procedures were not carried out (and in particular that abridged, rather than full, witness statements were provided, even at the internal appeal stage) and that the sanction imposed was too severe. However, management claimed that there was a full investigation in accordance with its disciplinary and appeals policy and that this was carried out in a fair and reasonable manner.

The matter was referred to a Rights Commissioner for investigation and the Commissioner recommended that “the claimant was