| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 181/03 |
| Hearing date | 22 May 2003 |
| Determination date | 18 June 2003 |
| Member | R A Monaghan |
| Representation | K Nicholson ; K Swords |
| Location | Auckland |
| Parties | Hau v Allied Movers (NZ) Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Whether dismissal substantively justified - Applicant alleged co-workers had used cannabis while working - Physical altercation with co-workers - Investigation undertaken which concluded applicant involved in fight - Dismissed for involvement in fight - Allegations of cannabis use never fully investigated - Allegations crucial to credibility - Involvement in fight was probably self-defence - Complete failure to adequately investigate extent of participation in fight - Remedies - Failure to attend disciplinary meeting led to its rescheduling - Actions affected applicant's credibility during disciplinary investigation and amounted to contributory conduct - UNJUSTIFIED DISADVANTAGE - Alleged unlawful suspension - Suspension for fighting incident warranted - Suspension without pay was breach of contract - Applicant to be paid for suspension period - Good faith conduct - Unavailability of witnesses due to applicant's delay - Packer and removal labourer |
| Result | Application granted ; Reimbursement of lost wages ($4,200) ; Compensation for humiliation etc ($3,200) ; Costs reserved |
| Number of Pages | 7 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |