| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 99/04 |
| Hearing date | 6 Oct 2003 |
| Determination date | 22 March 2004 |
| Member | A Dumbleton |
| Representation | J Peebles ; A McKay |
| Location | Auckland |
| Parties | Shepherd v Henderson and Anor |
| Other Parties | Henderson |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Verbal altercation with co-worker - Co-worker purported to dismiss applicant - Subsequent disciplinary meeting held - Previous warnings for physical violence and verbal abuse - Whether decision maker fully aware of misconduct - Dismissal procedurally fair - Decision maker sufficently aware of misconduct - Assistant farm manager |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Airline Stewards and Hostesses of NZ IUOW v Air NZ Ltd [1990] 3 NZILR 584 ; [1990] 3 NZLR 549;Big Save Furniture Ltd v Bridge [1994] 2 ERNZ 507;Drummond v Coca-Cola Bottlers NZ [1995] 2 ERNZ 229;NZ (with exceptions) Food Processing etc IUOW v Unilever NZ Ltd [1990] 1 NZILR 35 |
| Number of Pages | 6 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |