| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 34/01 |
| Determination date | 21 June 2001 |
| Member | P R Stapp |
| Representation | R Burt ; P McBride |
| Location | Wellington |
| Parties | Morton v Spotless Services (NZ) Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Credibility of witnesses - Alleged breach of trust and confidence - Allegation by duty manager that applicant approached client for respondent's contract - Duty manager spoke with operations manager about allegation - Operations manager informed area manager - Area manager told applicant of allegation and requested meeting - Told dismissal a possibility and representation allowed - Allegations requested in writing but not provided - Allegations denied - Allegations should have been put in writing - Area manager should have gone to source of allegations rather than relying solely on report from operations manager - No clear evidence to support allegation - Fair and reasonable employer could not have reached decision to dismiss - Chef/manager |
| Result | Application granted ; Reimbursement of lost wages ($1,390.22) ; Compensation for humiliation etc ($5,000) ; Costs reserved |
| Cases Cited | Airline Stewards & Hostesses of New Zealand IUOW v Air New Zealand Ltd [1990] 3 NZILR 584;Drummond v Coca Cola Bottlers [1995] 2 ERNZ 229;Northern Distribution Union v BP Oil NZ Ltd [1992] 3 ERNZ 483;Read v Air New Zealand [1991] 3 ERNZ 139;W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448 |
| Number of Pages | 6 |
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