| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 159/03 |
| Hearing date | 29 Apr 2003 |
| Determination date | 04 June 2003 |
| Member | K Raureti |
| Representation | H Thorpe ; C Blake |
| Location | Auckland |
| Parties | Stanley v Pacific Pharmaceuticals Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant swore and threatened fellow employee and punched locker near fellow employee's head - Whether respondent should have taken into account alleged provocation - Whether disparity of treatment - Procedurally fair - Respondent had reasonable grounds for believing misconduct serious - No unjustified dismissal - UNJUSTIFIED DISADVANTAGE - Suspended on pay - No consultation over whether applicant should have been suspended - Unjustified action - Remedies confined to unjustified disadvantage - Contributory conduct - Granulation operator/team leader |
| Result | Application dismissed (Unjustified dismissal); Application granted (Unjustified disadvantage) ; Compensation for humiliation etc ($700) ; Costs reserved |
| Cases Cited | Airline Stewards and Hostesses of NZ IUOW v Air NZ Ltd [1990] 3 NZILR 584 ; [1990] 3 NZLR 549;Drummond v Coca Cola Bottlers NZ [1995] 2 ERNZ 229;Northern Distribution Union v BP Oil NZ Ltd [1992] 3 ERNZ 483;NZ (with exceptions) Food Processing etc IUOW v Unilever NZ Ltd [1990] 1 NZILR 35;Samu v Air New Zealand Ltd [1995] 1 ERNZ 636;Tawhiwhirangi v Attorney General in respect of Chief Executive Department of Justice [1993] 2 ERNZ 546;W&H Newspapers Ltd v Oram [2000] 2 ERNZ 448; [2001] 3 NZLR 29 |
| Number of Pages | 6 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |