| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 303/03 |
| Hearing date | 24 Apr 2003 - 12 May 2003 (2 days) |
| Determination date | 13 October 2003 |
| Member | D King |
| Representation | K Kaur ; T Waldegrave |
| Location | Auckland |
| Parties | Bearman v Zintel Communication Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Alleged administering of drugs to co-workers during Christmas party - Alleged spiked drinks - Hurried notice of disciplinary meeting - No prior warning of seriousness of allegation - Failed to reveal identity of witness - Witness had personal gain from making statement - No opportunity to consider explanation - Dismissal unjustified - Remedies - Contributory conduct - After acquired information - Email found after dismissal alluding to drug use - No evidence misconduct complained of actually occurred - Took drugs to staff Christmas party - Disentitled to all remedies |
| Result | Application granted ; Costs reserved |
| Number of Pages | 3 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |