| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 154/04 |
| Hearing date | 8 Apr 2004 |
| Determination date | 30 April 2004 |
| Member | D King |
| Representation | H Russ ; J Tisch |
| Location | Auckland |
| Parties | Stevenson v Publicity Printing Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant allegedly threw can of CRC at co-worker - Disciplinary meeting and applicant put on notice that employment might be terminated - Respondent interviewed other employees and received letter about incident - Also took into account previous episode where female employee complained applicant threw book at her - Applicant not given copies of letter written about incident and not privy to all information respondent took into account in making decision to dismiss - Denied opportunity to comment on material adverse to him - Dismissal unjustified - UNJUSTIFIED DISADVANTAGE - Alleged demoted by having duties removed from him - Discussions about applicant becoming shareholder - Applicant unable to buy into company - Applicant alleged was overridden by director of respondent - No attempt to sideline applicant or remove tasks from him - ARREARS OF WAGES AND HOLIDAY PAY - No agreement reached that applicant could have as many days in lieu off as wanted - Respondent correctly debited time off against annual leave entitlement - Last day's work had been paid for - Applicant alleged had not given agreement to take annual leave in advance - Applicant applied to respondent for leave in manner he had been accustomed to for years and that leave had been granted - Remedies - Contributory conduct 50 percent |
| Result | Application granted ; Reimbursement of lost wages ($3,531.89 reduced to $1,765.95)(3 months) ; Compensation for humiliation etc ($4,000 reduced to $2,000) ; Costs reserved |
| Statutes | Holidays Act 2000 s20 |
| Number of Pages | 3 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |