| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 48/03 |
| Hearing date | 31 Jan 2003 |
| Determination date | 26 February 2003 |
| Member | J Scott |
| Representation | I McGovern ; L Turner |
| Location | Auckland |
| Parties | Ali v Goodman Fielder New Zealand Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Alleged applicant arranged plan for employees to call in sick - Other employees absolved from being part of plan - Applicant alone could not be involved in illegal strike - Actions at worst amounted to taking a sickie" - Taking a "sickie" breach of obligations but unlikely to justify dismissal for first offence - Procedure deficient - Allegations not put to applicant - Predetermination and disparity of treatment - Decision to dismiss not open to fair and reasonable employer - Dismissal unjustified - Contributory conduct 35 percent - Reinstatement ordered - Applicant willing to work in restructured environment - Reinstatement to company superannuation scheme - Baker and Team leader" |
| Result | Application granted ; Reinstatement ordered ; Reimbursement of lost wages ($19,223 reduced to $12,494.95) ; Compensation for humiliation etc ($5,000 reduced to $3,250) ; Orders accordingly ; Costs reserved |
| Statutes | ERA s123(c)(i);ERA s124;ERA s125 |
| Cases Cited | Dallas v Wellington Newspapers Ltd [1998] 2 ERNZ 456;Northern Distribution Union v BP Oil NZ Ltd [1992] 3 ERNZ 483;Peterson v Board of Trustees of Buller High School unreported, Goddard CJ, 6 March 2002, CC 7/02;Samu v Air New Zealand Ltd [1995] 1 ERNZ 636;Spotless Services (NZ) Ltd v Parker unreported, Palmer J, 17 February 1998, CEC 7/98;W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448 |
| Number of Pages | 12 |
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