Decision on manager's reinstatement reserved

The Justice Ministry has irrevocably lost trust and confidence in New Plymouth court manager Catherine Dodd and doesn't want her back in the job, an employment court has heard.

But Ms Dodd's counsel, Susan Hughes, argues the ministry hasn't acted as a fair and reasonable employer or taken into account her genuine remorse.

The closing argument came in the final day of a Employment Relations Authority hearing centred on Ms Dodd's reinstatement in her high-level job.

The Justice Ministry appealed her reinstatement in December. She was sacked last September after two findings – one of serious misconduct and one of misconduct – against her.

Ms Dodd contacted the complainant in the case involving her nephew, Brad Alexander Thomson, and accessed his court management files 10 times at the request of his lawyer.

Chief Employment Court Judge Graeme Colgan has reserved his decision.

Yesterday Justice Ministry counsel Alastair Sherriff challenged Ms Hughes' assertion that Ms Dodd hadn't been given a fair hearing before she was dismissed.

The decision of ministry justice official Andrew Hampton to sack her was justifiable and withstood scrutiny, Mr Sherriff told the court.

While Ms Dodd regretted contacting the complainant in Mr Thomson's case about a victim impact statement, her admission of wrongdoing and remorse did not protect her from dismissal.

Mr Sherriff also said her access of her nephew's computerised records came after the files were transferred out of her jurisdiction to the Wanganui District Court to protect her and her family.

While Ms Dodd had been reinstated, she didn't trust her senior managers because she took notes at meetings with them, and they didn't have confidence in her.

"A future based on mutual mistrust in legal terms is impracticable."

Ms Hughes, in her closing submission, said neither Ms Dodd nor her nephew gained any benefit or advantage from her access of the files because they were not altered. She checked them as a service, just as she would for any other lawyer.

Ms Dodd often went out of her way to help stakeholders in the court system, and a more loyal servant to the ministry would be hard to find, Ms Hughes said.

As well as seeking permanent reinstatement, Ms Hughes asked for reimbursement of salary lost between her dismissal and reinstatement and an order for humiliation and stress.

- © Fairfax NZ News