| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 40/04 |
| Hearing date | 11 Nov 2003 |
| Determination date | 02 February 2004 |
| Member | J Wilson |
| Representation | T Wotherspoon ; N Waldren |
| Location | Auckland |
| Parties | Legge v Club Westside |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Summary dismissal - Alleged theft - Trespass notice issued against applicant - Notice amounted to dismissal - Dismissed without full and fair investigation - Procedurally unfair - Dismissal unjustified - Remedies - Whether applicant contributed to personal grievance to disentitle remedies - Applicant did not contribute to procedural unfairness - Manager |
| Result | Application granted ; Reimbursement of lost wages ($5,280)(3 months) ; Compensation for humiliation etc ($3,000) ; 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 | 5 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |