Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No CA 10/04
Hearing date 22 Dec 2003
Determination date 03 February 2004
Member P Cheyne
Representation I Thompson ; N McPhail
Location Christchurch
Parties Johnston v James Henry Ltd t/a Airport Gateway Lodge
Summary UNJUSTIFIED DISMISSAL - Misconduct - Dismissed for spreading rumour about manager - Alleged manager attracted to employee - Co-manager was manager's wife - Called into meeting with managers without warning as to allegations of rumours - Source of allegations not divulged to applicant - No opportunity to explain given - Escorted from premises - Dismissal procedurally unfair - Remedies - Proof of rumour mongering established - Remedies reduced by 25 percent for contributory conduct
Result Application granted ; Reimbursement of lost wages (4 weeks reduced to 3 weeks)(Parties to determine quantum) ; Compensation for humiliation etc ($4,000 reduced to $3,000) ; Costs reserved
Number of Pages 5
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