| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 64/03 |
| Hearing date | 1 Apr 2003 - 2 Apr 2003 (2 days) |
| Determination date | 30 April 2003 |
| Member | G J Wood |
| Representation | K Castiglione ; A Cressey |
| Location | Wellington |
| Parties | Randell v IHC New Zealand Incorporated |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Alleged physical assault of client - Initially admitted but later denied conduct - Report of incident not supplied to applicant during disciplinary meetings - Alleged failure to take into account witness statement that assault did not occur - Credibility - Respondent's evidence preferred - Entitled to conclude assault occurred - Failure to provide report not fatal to procedural fairness - Particulars of report provided to applicant - Effective opportunity to respond to report given - Dismissal open to fair and reasonable employer in circumstances - Non-publication order - Publication of identity of client prohibited - IHC caregiver |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA Second Schedule cl10 |
| Cases Cited | Airline Stewards and Hostesses of NZ IUOW v Air NZ Ltd [1990] 3 NZILR 584 ; [1990] 3 NZLR 549;Chief Executive of the Ministry of Maori Development v Travers-Jones [2003] 1 ERNZ 174;Murphy and Routhan t/a Enzo's Pizza v van Beek [1998] 2 ERNZ 607;Northern Distribution Union v BP Oil NZ Ltd [1992] 3 ERNZ 483;NZ Crippled Children's Society Inc v van der Molen unreported, Palmer J, 21 August 1992, CEC 36/92;W&H Newspapers Ltd v Oram [2000] 2 ERNZ 448 ; [2001] 3 NZLR 29 |
| Number of Pages | 11 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |