| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 47/03 |
| Hearing date | 24 Jan 2003 |
| Determination date | 26 January 2003 |
| Member | D King |
| Representation | L Emmerson ; D Organ |
| Location | Auckland |
| Parties | Chubb v Bagnall & Associates Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Altercation at work function - Applicant wrote to manager setting out his version of events - Other party to altercation made complaint about applicant - Applicant required to provide written response - No opportunity for meeting despite request - Employment agreement provided that meeting required before any warning issued - Meeting required in the circumstances - No other witnesses interviewed - Insufficient investigation - Dismissal unjustified - Contributory conduct 25 percent - Remedies - No reimbursement of lost wages awarded as applicant on ACC - ARREARS OF WAGES - Leave reserved for Employment Relations Authority to determine matter if parties unable to agree |
| Result | Application granted ; Compensation for humiliation etc ($5,000 reduced to $3,750) ; Arrears of wages (Quantum reserved) ; Costs reserved |
| Number of Pages | 4 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |