| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 275/03 |
| Hearing date | 14 Aug 2003 |
| Determination date | 08 September 2003 |
| Member | J Wilson |
| Representation | G Jenkin ; M Richards |
| Location | Auckland |
| Parties | CA v Jetconnect Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Dismissed for breaching work rule - Consumed alcohol within 8 hours of reporting for duty - Fair process - Whether disparity of treatment - Other employee had admitted breach of same rule - Other employee received written warning - Broadly comparable situation - Disparity of treatment - Reinstatement ordered - Contributory conduct - Reimbursement of lost wages unaffected by contributory conduct - To be reimbursed for period from dismissal to reinstatement - No award of compensation for humiliation due to contributory conduct - Name suppression ordered in relation to applicant and other employees - Exceptional circumstances - Flight attendant |
| Result | Application granted ; Reinstatement ordered ; Reimbursement of lost wages (Quantum to be determined by parties) ; Costs reserved |
| Statutes | ERA s124;ERA s125 |
| Cases Cited | Anderson v Employment Tribunal [1992] 1 ERNZ 500;Riddell v Commissioner of Police [2003] 2 ERNZ 136;W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448 ; [2001] 3 NZLR 29 |
| Number of Pages | 11 |
| PDF File Link: | aa 275_03.pdf [pdf 70 KB] |