KEY POINTS:
Certain liberties are given to DJs, particularly those running breakfast shows and other prime time slots. The aim is to get the highest audience ratings possible. In pursuit of that aim, some DJs give out a lot of cheek, or even serious criticism, to callers, politicians and other
public figures, and occasionally even their employer.
However, a recent case in the Employment Relations Authority shows that there is a line that not even DJs can cross.
John Dryden was employed by The Radio Network of New Zealand as a breakfast host at Radio Forestland in Tokoroa, from 2005 until 2008. In October 2007, he and his manager, Jennifer Shattock, attended a public meeting of a Trust which provides a place where people with disabilities can work in a supported environment. The meeting took place outside working hours, but Mr Dryden was wearing a Radio Forestland logo on his jacket, and they stood with other local media.
There were about 150 other local citizens at the meeting, including the Mayor of Tokoroa. At the meeting, the Trust's Chairman asked the Mayor about costs associated with an auditors' report for the Council, but the Mayor refused to discuss Council expenditure.
According to the Authority's decision, Mr Dryden called loudly for the Mayor to answer the question, and loudly repeated his calls without giving the Mayor the chance to answer. Ms Shattock was embarrassed, as people around her recognised Mr Dryden and associated him with his work at the radio station. She approached him at the end of the meeting and told him they needed a good relationship with the Mayor, who was a client of The Radio Network, and chastised him for the way he had spoken to the Mayor.
The Authority's report says that Mr Dryden then approached the Chairman of the Trust and asked him to be interviewed on his breakfast show the next morning. Ms Shattock overheard this and told him not to interview the Chairman until they had had an opportunity to discuss it. The Authority said he became very loud and angry, and told her he would be talking about the meeting. He told her she was "a joke, just a joke". This was heard by several people at the meeting including the Mayor, who subsequently complained about Mr Dryden's behaviour. Ms Shattock repeated her instruction not to proceed with the interview, then walked away.
The next morning Mr Dryden went ahead with the interview. This ultimately resulted in a disciplinary meeting at which Mr Dryden was dismissed.
The Authority said that conduct outside working hours can impact on employment. Mr Dryden was a public figure in a small community and was strongly associated with The Radio Network. He was also dressed in Radio Forestland branded clothing, and standing with other media while at the meeting, so that the public perception was that he was there representing his employer. The Authority agreed with the employer that his conduct at the meeting (including his disrespectful comments to his manager) was inappropriate and brought his employer into disrepute. He also refused to comply with a lawful and reasonable instruction (not to conduct the interview with the Chairman until Ms Shattock had discussed the situation with him).
He was therefore guilty of serious misconduct, and the dismissal was justified.
Greg Cain
Greg Cain is an employment lawyer at Minter Ellison Rudd Watts.