| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 138/03 |
| Hearing date | 28 Apr 2003 |
| Determination date | 01 May 2003 |
| Member | D King |
| Representation | H White ; P Swarbrick |
| Location | Auckland |
| Parties | Cowley v Carter Holt Harvey Ecopine Plywood Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Whether assaulted manager - tense relationship led to heated argument - Alleged tapped manager on shoulder and manger's face made contact with hand - Witnesses statement implicating applicant of hitting manager - Allegation never investigated - Witness retracted statement - Breaches of procedural fairness - Dismissal unjustified - Remedies - Failure to find alternative work was failure to mitigate loss - Not entitled to lost wages - Contributory conduct - Remedies reduced by 50 percent |
| Result | Application granted ; Compensation for humiliation etc ($3,000 to $1,500) ; Costs reserved |
| Cases Cited | Drummond v Coca Cola Bottlers NZ [1995] 2 ERNZ 229;NZ (with exceptions) Food Processing etc IUOW v Unilever NZ Ltd [1990] 1 NZILR 35 |
| Number of Pages | 4 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |