| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 96/02 |
| Hearing date | 17 Jul 2002 - 2 Sep 2002 (2 days) |
| Determination date | 02 October 2002 |
| Member | P R Stapp |
| Representation | I Hard ; C Clayton |
| Location | Wellington |
| Parties | Aranga v John Bilton Marine Ltd t/a Trax Cafe & Bar |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Conduct occurred outside work hours - Intoxicated at work premises - Alleged physical altercation with manager - Applicant unable to attend disciplinary meeting due to illness - Further allegations regarding criticism of respondent - Disciplinary meeting conducted in applicant's absence - No proof of serious misconduct - Dismissal substantively unjustified and procedurally unfair - Remedies - Applicant on ACC throughout disciplinary process - Not entitled to reimbursement of lost wages - Bar manager |
| Result | Application granted ; Compensation for humiliation etc ($6,000) ; Costs reserved |
| Cases Cited | NZ (with exceptions) Food Processing etc IUOW v Unilever NZ Ltd [1990] 1 NZILR 35 ; ERNZ Sel Cas 582;W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448 ; [2001] 3 NZLR 29 |
| Number of Pages | 14 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |