| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 154A/03 |
| Hearing date | 5 Nov 2003 - 6 Nov 2003 (2 days) |
| Determination date | 09 December 2003 |
| Member | G J Wood |
| Representation | JA Burney ; J Cain |
| Location | Palmerston North |
| Parties | Matthews-Smith v Carter Holt Harvey Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - Significant absence due to work injury - Performed light duties for period - Light duties ceased - Little improvement on shoulder injury - Notice of termination given but decision rescinded on final day - Following month applicant returned to work full time - Accepted applicant frustrated over injury, inability to return to work in full capacity, and uncertainty surrounding employment status but actions not unjustified disadvantage - Disadvantage from notice of termination given fully remedied - Claim dismissed - Suspension during disciplinary process - Good reason on health and safety grounds to suspend but process adopted inappropriate - No evidence that suffered any humiliation or injury to feelings due to process adopted - Claim successful but no remedies warranted - UNJUSTIFIED DISMISSAL - Serious misconduct - Alleged two acts of harassment - Whether common work horse play - Alleged complainant trying to get applicant's job - Allegation red herring - Unnecessary to interview applicant's witnesses as did not witness incident - Dismissed for harassment - Applicant aware of seriousness of allegations throughout - No predetermination - Open to respondent to conclude serious misconduct - Dismissal justified - Order prohibiting publication of names of complainant and witness - General factory hand |
| Result | Application dismissed (Unjustified dismissal) ; Application granted (Unjustified disadvantage)(Suspension) ; Orders accordingly ; Costs reserved |
| Cases Cited | Chief Executive of the Ministry of Maori Development v Travers-Jones [2003] 1 ERNZ 174;Man O' War Farm Ltd v Bree [2003] 1 ERNZ 83;Petersen v Board of Trustees Of Buller High School [2002] 1 ERNZ 139;Rankin v Attorney General in respect of the State Services Commissioner [2001] ERNZ 476;Tawhiwhirangi v Attorney General in respect of Chief Executive Department of Justice [1993] 2 ERNZ 546 |
| Number of Pages | 10 |
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