| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 64/04 |
| Hearing date | 11 Nov 2003 |
| Determination date | 25 February 2004 |
| Member | R A Monaghan |
| Representation | K Nicolson ; E Mann |
| Location | Auckland |
| Parties | Constantino v Form (by Alfred Holt Ltd) |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Alleged unauthorised absences - Applicant late back from meal breaks - Applicant departed from site without clocking in and out - Respondent did not sufficiently raise intention to impose disciplinary sanctions for breaches of clocking out or unauthorised absences from workplace - Significant pattern of going home for meals coupled with unacceptably late return - Alleged refusal to work to end of shifts - Nothing to indicate applicant disadvantaged at disciplinary meeting because of shortcomings in English language - Dismissal procedurally unfair - Applicant not told of possibility of dismissal - Not told meeting disciplinary in nature - Failure to meet minimum requirement of fairness - Dismissal unjustified - Remedies - Contributory conduct disentitled applicant to any remedies - Machine operator |
| Result | Application granted ; Costs reserved |
| Cases Cited | NZ (with exceptions) Food Processing etc IUOW v Unilever NZ Ltd [1990] 1 NZILR 35 |
| Number of Pages | 7 |
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