| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 101/03 |
| Hearing date | 23 Jun 2003 |
| Determination date | 16 July 2003 |
| Member | G J Wood |
| Representation | M Gilkison ; M McGinn |
| Location | Wellington |
| Parties | Harris v Carich New Zealand Training Centre Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - Written warning for inappropriate comments to students - Complaints by 2 students - Relatively minor matters - Formal disciplinary meeting - Represented by lawyer - Disputed allegation that first comment unprofessional - Could not recall second comment - Opportunity to respond - Adequate information to respond to - Manager believed complaints were genuine - Belief supported by separate staff member who heard comments - Open to fair employer to accept complaint which applicant could not recall - No bias or predetermination - Process essentially fair though could have been improved - Warning justified |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Chief Executive of the Ministry of Maori Development v Travers-Jones [2003] 1 ERNZ 174;NZ Educational Institute v Board of Trustees of Auckland Normal Intermediate School [1992] 3 ERNZ 243;Trotter v Telecom Corporation of NZ Ltd [1993] 2 ERNZ 659;W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448 ; [2001] 3 NZLR 29 |
| Number of Pages | 8 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |