| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 321/03 |
| Hearing date | 17 Oct 2003 |
| Determination date | 24 October 2003 |
| Member | D King |
| Representation | D Bruce ; B Nabney |
| Location | Auckland |
| Parties | Day v Switch Electrical Services Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Consumed alcohol at work before 5pm - Verbally abused supervisor - Called to disciplinary meeting without notice - No opportunity to obtain representative - Two co-workers consumed alcohol at same time - Co-workers not dismissed - Disparity of treatment not satisfactorily explained - Dismissal unjustified - Contributory conduct 50 percent - Electrical trainee |
| Result | Application granted ; Reimbursement of lost wages ($2,387.50 reduced to $1,193.75) ; Compensation for humiliation etc ($3,000 reduced to $1,500) ; Costs reserved |
| Cases Cited | NZ (with exceptions) Food Processing etc IUOW v Unilever NZ Ltd [1990] 1 NZILR 35 |
| Number of Pages | 2 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |