Engineer wins job back after alleged misconduct

The man was fired for using work email for personal use. Photo / Thinkstock

An electrical engineer who was demoted for a range of alleged misconducts, including refusing to obey a reasonable instruction, has been ordered to be reinstated to his role.

It's the second time Kana Shanmuganathan has been reinstated at Southland-Otago utility provider PowerNet, after winning his job back in 2011 after being fired for using work email for personal use.

Mr Shanmuganathan was employed in 2000 and soon took on the role of system control manager.

In 2007 he was given a written warning valid for two years, and had his salary reduced. In 2011 he was dismissed for breaching PowerNet's computer policy by using email and computer systems for his own business affairs.

However, he won reinstatement following a personal grievance case before the Employment Relations Authority, and was instead given a final written warning, valid for two years from November 2011.

The Employment Court judgment in the most recent case said compliance problems continued, and several disciplinary issues were raised.

The company said he had refused to obey lawful and reasonable instructions, but Mr Shanmuganathan said he was being bullied and subjected to unreasonable micro-management.

His refusal to take part in a self-assessment exercise during a performance review process triggered a disciplinary process, which resulted in him being demoted from his role, taking a cut in salary and apologising.

Mr Shanmuganathan took a personal grievance case over the demotion, with the Employment Relations Authority finding the decision was unjustified. However, reinstatement was not practical.

The case was reheard by the Employment Court, which agreed with the decision to reverse Mr Shanmuganathan's demotion because of "significant procedural flaws" on the part of PowerNet.

However, the court found he should be reinstated, saying it would require "careful and proscribed management". The parties were ordered to attend mediation before reinstatement conditions were ordered.

But due to Mr Shanmuganathan being to some extent "the author of his own misfortunes", the court said, no financial remedy was ordered.