| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 6/03 |
| Hearing date | 26 Nov 2002 |
| Determination date | 30 January 2003 |
| Member | H Doyle |
| Representation | M Hardy-Jones ; B Fletcher |
| Location | Christchurch |
| Parties | Walker v Isabel Estate Vineyard Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Poor performance - Inappropriate communication - Inaccuracies in documentation - Lack of workable purchase order/order number system - Performance issues raised informally with applicant - Written warning appropriate - Insufficient warning - Misconduct - Incorrect recording of sick leave - Insufficient opportunity to explain - Disobeyed reasonable instruction - Allegation should have been put to employee - Alleged copying CDs for personal use - Insufficient opportunity to explain - Dismissal procedurally unfair but substantively justified - Contributory conduct 50 percent - ARREARS OF WAGES - Two weeks notice due and owing - Winery administrator |
| Result | Application granted ; Reimbursement of lost wages (Quantum to be determined by parties)(3 months) ; Compensation for humiliation etc ($4,000 reduced to $2,000) ; Arrears of wages (2 weeks)(Notice period) ; Costs reserved |
| Cases Cited | NZ (with exceptions) Food Processing etc IUOW v Unilever NZ Ltd [1990] 1 NZILR 35 |
| Number of Pages | 8 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |