A doctor fired for emailing photos of his genitals from his work computer has won his fight for permanent reinstatement but will get no compensation.
The doctor, described by today's Sunday Star Times as being internationally renowned, took his case to the Employment Court in late 2005.
Hewanted $60,000 and permanent reinstatement. He got the latter but no damages were awarded, with Judge Graham Colgan saying in his finding the doctor had won quick interim reinstatement to his $220,000 a year job and that he was largely the architect of his own troubles.
The newspaper said the doctor had used a new camera phone to take photos of his genitals while he was in the toilet of his house. He downloaded them on to his hospital computer two days later.
Giving evidence at the court hearing, the doctor said he tried to email one of the pictures to a female friend in imitation of a TV advertisement screening at the time.
"It was intended to be a joke."
Judge Colgan said his actions were "bizarre and inappropriate" but said his employer had not acted lawfully when it dismissed him.
"Put simply, had he not engaged in these logically inexplicable acts of self-gratification, it is unlikely that he would have been dismissed."
The doctor's name suppression will lapse unless he appeals; his lawyer told the newspaper he was not sure whether that would happen.
