| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 84/04 |
| Hearing date | 23 Jan 2004 |
| Determination date | 10 March 2004 |
| Member | Y S Oldfield |
| Representation | K Boyes ; P Ahern |
| Location | Auckland |
| Parties | Filipo and Anor v Whitcoulls Group Ltd |
| Other Parties | Mills |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Whether dismissal justified - Allegations applicants drank alcohol during working hours and had taken extended breaks - Denied drinking alcohol - Dismissed for serious misconduct - Failure to establish whether witnesses were in position to comment on allegations - Investigation insufficient to gather necessary information - Applicants should have been told allegation they had confessed to drinking - Should have been told witnesses' identities - Possible ulterior motive for making allegations - Failure to fairly put to applicants all matters considered in decision to dismiss - Failure to demonstrate findings open to respondent even on information it had - Dismissals unjustified - Authority unable to pursue inquiries into original allegations against applicants - Remedies reserved |
| Result | Application granted ; Remedies reserved ; No order for costs |
| Number of Pages | 14 |
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