| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 54/03 |
| Hearing date | 17 Dec 2002 |
| Determination date | 28 February 2003 |
| Member | D King |
| Representation | B Hayes ; L Watson |
| Location | Auckland |
| Parties | Rerekura v Nicole Presland t/a Kohanga Reo ki Papatoetoe |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Physical altercation between applicant and co-worker - Pulled co-worker into office by her hair - Dismissed after two meetings - Applicant did not attend second meeting - No notice that dismissal a possibility - No opportunity to bring representative - Dismissal substantively justified but procedurally unfair - Rejected offers of counselling and time off work - Aware of her own anger problem - Causal link between applicant's behaviour and dismissal - Contributory conduct 100 percent - Caregiver |
| Result | Application granted ; Contributory conduct reduced remedies to nil ; Costs to lie where they fall ; Disbursements ($210.62) |
| Cases Cited | Paykel Ltd v Ahlfeld [1993] 1 ERNZ 334 |
| Number of Pages | 3 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |