| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 145/03 |
| Hearing date | 24 Sep 2003 |
| Determination date | 02 October 2003 |
| Member | G J Wood |
| Representation | M Bell (in person) ; M McManus |
| Location | Wellington |
| Parties | Bell v New Zealand Protective Coatings (Wellington) Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Poor performance - Dismissed on grounds of poor work attitude and abuse of management - No notice of allegations - Predetermination - No prior warnings - Dismissal procedurally unfair - Unjustified dismissal - Remedies - Allegations surfaced after dismissal of smoking marijuana on the job - Contributory conduct - Whether remedies should be reduced on basis of misconduct discovered after dismissal - Serious abuse of trust and confidence required - Breach did not constitute type of breach referred to in Ark Aviation - Failure to mitigate losses - Did not have clean hands - Well able to deal with setbacks associated with dismissal - Painter |
| Result | Application granted ; Reimbursement of lost wages ($3,000)(6 weeks) ; Compensation for humiliation etc ($2,500) ; No order for costs ; Disbursements in favour of applicant ($70)(Filing fee) |
| Cases Cited | Ark Aviation Ltd v Newton [2001] ERNZ 133;NZ (with exceptions) Food Processing etc IUOW v Unilever NZ Ltd [1990] 1 NZILR 35;Trotter v Telecom Corporation of NZ Ltd [1993] 2 ERNZ 659 |
| Number of Pages | 7 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |