Probation officer fired for carpark scuffle

The Probation Service was within its rights to fire a probation officer for punching a former officer in the face outside the organisation's Kaitaia office, the Employment Relations Authority (ERA) has decided.

Vaughan William Atkinson had been a probation officer for the Department of Corrections for five years before being fired in September 2003 for serious misconduct.

Mr Atkinson said his dismissal was unjustified and applied to ERA to get his job back.

He was fired for punching Kevin Pilbrow, a former Probation Service employee visiting the office, in the face on May 9, 2003, in a carpark outside the Kaitaia Service Centre after an altercation over carparking.

In its just-released decision, ERA said Mr Pilbrow had arrived at the building immediately before Mr Atkinson and "parked his car in such a way that it prevented Mr Atkinson from entering".

A dispute followed, with car horns being tooted, and Mr Atkinson's car door being kicked, before Mr Atkinson punched Mr Pilbrow in the face.

The pair wound up scuffling on the ground and had to be separated by another probation officer.

Police laid charges against both men, but they were later withdrawn.

In appealing to ERA, Mr Atkinson argued he was the innocent victim.

But ERA member Vicki Campbell ruled Mr Atkinson had "escalated" the parking situation by tooting his car horn and instead of getting back into his own car after the situation worsened had instead punched Mr Pilbrow.

"I do not accept that this was the use of reasonable force to dissuade Mr Pilbrow from a threat of violence."

Ms Campbell ruled the Probation Service was within its rights to fire Mr Atkinson for serious misconduct.

- NZPA