| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 49A/03 |
| Hearing date | 28 Nov 2002 |
| Determination date | 27 February 2003 |
| Member | K J Anderson |
| Representation | G Norton ; R Parmenter |
| Location | Auckland |
| Parties | Stephens v Excell |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Travel arrangements made in advance - No arrangement for cover at work - Rang in sick - Manager discovered travel plans - Photographed applicant at airport on day he alleged he was sick - Investigation into unauthorised absence - Manager acted with degree of malice - Decision to dismiss was one open to fair and reasonable employer - Discretion in disciplinary policy in situations of misconduct to transfer employee to alternative duties - Dismissal unfair given applicant's long service and unblemished record - Fair and reasonable employer would have exercised discretion to transfer - Remedies - Reinstatement to position which applicant should have been transferred to before dismissal - Team leader |
| Result | Application granted ; Reinstatement ordered |
| Number of Pages | 4 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |