Both the Employment Tribunal and Employment Court agreed with him, but the Appeal Court supported the Herald's position. The judges said it was fair and reasonable for the newspaper to form the view that they could no longer rely on Oram. But the award-winning journalist with 36 years experience had an unblemished record and staff at the Herald say they are shocked by the decision. Oram's boss Gavin Ellis says while he takes no pleasure in sacking a colleague, a principle was at stake. However, a journalism lecturer says the decision is too harsh.
Unions say the the Herald's actions are a warning to all workers.
It is very worrying. Unions say that people have always understood the law to be that if you make a mistake you are at least entitled to a warning but the court's ruling is saying your job could be on the line after one single mistake. But Anne Knowles from Business New Zealand says it has always been the case that any incident that goes to the heart of the trust and confidence of a relationship is sufficient grounds for an employer to dismiss. Employment law expert Peter Cullen says simple mistakes will not qualify for a dismissal and the court says it is up to the employer to judge how serious the mistake is. Unions say workers will have to be more vigilant.