| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 378/03 |
| Hearing date | 14 Oct 2003 |
| Determination date | 17 December 2003 |
| Member | J Wilson |
| Representation | J Lawrie ; P Pa'u |
| Location | Auckland |
| Parties | Perales v Botica |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant refused to undertake task - Concerns about way applicant spoke to doctor who requested she perform task - Meeting to discuss issue - Dismissed for refusal to perform task and subsequent dishonesty in explaining reasons for refusal - Not represented at meeting where decision made to dismiss - Failure to meet minimum standards of procedural fairness - Dismissal unjustified - Remedies - Contributory conduct 50 percent - Nurse |
| Result | Application granted ; Reimbursement of lost wages ($3,075)(3 months) ; Compensation for humiliation etc ($5,000 reduced to $2,500) ; Costs reserved |
| Cases Cited | NZ (with exceptions) Food Processing etc IUOW v Unilever NZ Ltd [1990] 1 NZILR 35;W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448 |
| Number of Pages | 6 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |