| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 146/03 |
| Hearing date | 9 Apr 2003 |
| Determination date | 20 May 2003 |
| Member | K Raureti |
| Representation | S Ferris (In person) ; J Rooney |
| Location | Auckland |
| Parties | Ferris v Roadfreighters Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Misconduct - Abusive language - Prior final warning for abusive language - Applicant forced to stay overnight at hotel - Incident with hotel manager - Incident with depot manager - Whether informed possible outcome of disciplinary meeting was dismissal - Alleged ulterior motive for dismissal - Alleged predetermination - Hotel manager denied applicant used abusive language - Credibility - Respondent's evidence preferred - Conduct established - Knew possible outcome was dismissal - No evidence of predetermination - Dismissal justified - Relief linehaul driver |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | BP Oil NZ Ltd v Northern Distribution Union [1992] 3 ERNZ 483;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 ; ERNZ Sel Cas 582;W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448 |
| Number of Pages | 7 |
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