| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 365/02 |
| Hearing date | 19 Jun 2002 - 12 Dec 2002 (3 days) |
| Determination date | 18 December 2002 |
| Member | A Dumbleton |
| Representation | K Nicolson ; R Chan |
| Location | Auckland |
| Parties | Woud v Department of Corrections |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Failure to follow policy to ensure safety of inmates - Inmate suicide - Report found applicant had failed to carry out manual checking of inmates - Alleged report biased - Alleged predetermination and disparity of treatment - Misconduct established - Admitted failure to follow procedure - Similar misconduct resulted in co-workers being warned not dismissed - Disparity established - Dismissal unjustified - Remedies - Parties to determine quantity of remedies |
| Result | Application granted ; Remedies to be determined by parties ; Costs reserved |
| Cases Cited | Airline Stewards and Hostesses of NZ IUOW v Air NZ Ltd [1985] ACJ 952;Airline Stewards and Hostesses of NZ IUOW v Air NZ Ltd [1990] 3 NZILR 584;NZ (with exceptions) Food Processing etc IUOW v Unilever NZ Ltd [1990] 1 NZILR 35;W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448 |
| Number of Pages | 15 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |