| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 107/01 |
| Hearing date | 9 Aug 2001 |
| Determination date | 10 August 2001 |
| Member | WRC Gardiner |
| Representation | P Cole ; H Thorpe |
| Location | Auckland |
| Parties | Norris v Partner Print Ltd (previously Foreman Print Ltd) |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Summary dismissal - Whether substantively justified and procedurally fair - Dismissed for violating common decency when no apology given for speaking in rude and aggressive manner - Not told behaviour amounted to serious misconduct - Not informed that apology sought or required - No advance knowledge of purpose of disciplinary meeting - Not advised to have representative or witness present - No opportunity given to explain conduct - Behaviour did not amount to violation of common decency - Dismissal unjustified and procedurally unfair - Contributory conduct 10 percent |
| Result | Application granted ; Reimbursement of lost wages ($3,360 reduced to $3,000) ; Compensation for humiliation etc ($3,000) ; Costs reserved |
| Statutes | ERA s124;ERA s125(c)(i);ERA s159 |
| Cases Cited | Baguley v Coutts Cars Ltd [2000] 2 ERNZ 409;Northern Clerical Union v Beachlands Engineering Ltd [1991] 3 ERNZ 1023;NZ (with exceptions) Food Processing etc IUOW v Unilever NZ Ltd [1990] 1 NZILR 35;Tupu v Romano’s Pizzas [1995] 2 ERNZ 266 |
| Number of Pages | 13 |
| PDF File Link: | aa 107_01.pdf [pdf 49 KB] |