| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2017] NZERA Wellington 38 |
| Hearing date | 10 April & 28 April 2017 (2 days) |
| Determination date | 19 May 2017 |
| Member | M Loftus |
| Representation | G Ogilvie ; R Buttula, M Morris |
| Location | Wellington |
| Parties | QWI v The Great Gatsby Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Chef |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Requirements for procedural fairness not complied with. Applicant was dismissed with no discussion. Applicant never provided with details of accusation, no response was offered and no explanation considered. Dismissal unjustified. Misconduct in offering drugs to fellow employees so serious that no entitlement to remedies. |
| Result | Application partially granted ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A ; ERA s103A(5) ; ERA s123(1)(c)(i) |
| Cases Cited | Alatipi v Chief Executive of the Department of Corrections [2015] NZEmpC 7;Edwards v Board of Trustees of Bay of Islands College [2015] NZEmpC 6;Honda New Zealand Ltd v New Zealand Boilermakers Union [1991] 1 NZLR 392 (CA);Lawless v Comvita New Zealand Ltd [2005] ERNZ 861 (EmpC);Ritchies Transport Holdings Ltd v Merennage [2015] NZEmpC 198;Salad Bowl Ltd v Howe-Thornley [2013] NZEmpC 152;Salt v Fell [2008] NZCA 128;Whanganui College Board of Trustees v Lewis [2000] 1 ERNZ 397 (CA);Xtreme Dining Ltd v Dewar [2016] NZEmpC 136;Z v Dental Complaints Assessment Committee [2008] NZSC 55 |
| Number of Pages | 8 |
| PDF File Link: | 2017_NZERA_Wellington_38.pdf [pdf 171 KB] |