| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 49/03 |
| Hearing date | 24 Feb 2003 - 25 Feb 2003 (2 days) |
| Determination date | 02 April 2003 |
| Member | G J Wood |
| Representation | L Highfield ; M Quigg, H Sundstrom |
| Location | Wellington |
| Parties | Crosswell v IHC New Zealand Incorporated |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Alleged verbal and physical abuse of client - Refusal to provide food to client - Allegations raised by co-worker 2 months before investigation - Some corroboration of allegations - Delay in investigating matter did not vitiate dismissal - Failure to interview ancillary witnesses amounted to minor procedural deficiency - Dismissal substantively justified and procedurally fair |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Air New Zealand Ltd v Sutherland [1993] 2 ERNZ 10;Murray v Attorney General in respect of the Chief Executive of the Inland Revenue Department [2002] 1 ERNZ 184;NZ (with exceptions) Food Processing etc IUOW v Unilever NZ Ltd [1990] 1 NZILR 35;Petersen v Board of Trustees Of Buller High School [2002] 1 ERNZ 139;Zendel Consumer Products v Henderson [1992] 2 ERNZ 377 |
| Number of Pages | 16 |
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