| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 50/03 |
| Hearing date | 20 Mar 2003 - 21 Mar 2003 (2 days) |
| Determination date | 02 April 2003 |
| Member | G J Wood |
| Representation | T Wilton ; R Cabraal, P Cullen |
| Location | Wellington |
| Parties | Te'o v Linework Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Alleged applicant attempted to run down co-worker with his car - Disciplinary investigation commenced after police investigation complete - Respondent attempted a fair investigation - Opportunity to comment on preliminary conclusions - Preliminary view adopted before applicant questioned - Understandable that applicant saw no point in commenting - Changes to applicant's story seen by respondent to detract from credibility - Complainant also changed his story - Not open to fair employer to accept complainant's changes but not applicant's - Comments I cannot recall" not evidence of inconsistency - Dismissal procedurally unfair - Could not determine whether serious misconduct had occurred - Dismissal substantively unjustified - Line mechanic" |
| Result | Application granted ; Reimbursement of lost wages ($6,563.16) ; Compensation for humiliation etc ($7,000) ; Costs reserved |
| Cases Cited | Airline Stewards and Hostesses of NZ IUOW v Air NZ Ltd [1990] 3 NZILR 584 ; [1990] 3 NZLR 549;Bradley v Attorney General & Anor [1988] 2 NZLR 454;Honda NZ Ltd v NZ (with exceptions) Shipwrights etc Union [1990] 3 NZILR 23 ; [1991] 1 NZLR 392;John v Rees [1970] Ch 345;Northern Distribution Union v BP Oil NZ Ltd [1992] 3 ERNZ 483;Russell v Wanganui City College [1998] 3 ERNZ 1076;W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448 ; [2001] 3 NZLR 29;Whanganui College Board of Trustees v Lewis [2000] 1 ERNZ 397 |
| Number of Pages | 14 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |