22 Dec 2005
CHIEF EXECUTIVE OF THE DEPARTMENT OF INLAND REVENUE V BUCHANAN AND SYMES CA CA2/05
- Citation
- openlaw-a782c4b3_cb96_4bbe_ba96_83b13668e4ed.pdf
- Court
- Court of Appeal
There is no presumption that ignorance of contractual or statutory obligations precludes a finding of serious misconduct; the correct test is whether a reasonable and fair employer could have dismissed in the circumstances, and in disparity claims courts must (1) identify disparity, (2) ask whether there is an adequate explanation, and (3) decide whether the dismissal was nonetheless justified despite unexplained disparity; subsequent disciplinary outcomes may be considered where cases form part of a coordinated disciplinary process.