| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 137/03 |
| Hearing date | 10 Feb 2003 |
| Determination date | 13 May 2003 |
| Member | K J Anderson |
| Representation | O Collette-Moxon ; S Menzies |
| Location | Auckland |
| Parties | Pratt v Provida Foods Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Inappropriate use of email - Conduct amounted to serious misconduct - Pre-determination - Not rare situation where employer entitled to act without further inquiry - Absolute failure to meet basic requirements of fairness - Unjustified dismissal - Contributory conduct - No award for reimbursement of lost wages - Telesales operator/supervisor |
| Result | Application granted ; Compensation for humiliation etc ($2,000) ; Costs reserved |
| Statutes | ERA s124 |
| Cases Cited | Amaltal Fishing Company Ltd v Morunga [2002] 1 ERNZ 692;Finsec v AMP Society [1992] 1 ERNZ 280;John v Rees [1970] Ch 345;NZ (with exceptions) Food Processing etc IUOW v Unilever NZ Ltd [1990] 1 NZILR 35 |
| Number of Pages | 6 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |