| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 110/01 |
| Hearing date | 13 Jun 2001 - 3 Jul 2001 (2 days) |
| Determination date | 14 August 2001 |
| Member | J Wilson |
| Representation | M Urlich ; A Hope |
| Location | Auckland |
| Parties | AA v Te Runanga O Kirikiriroa Trust |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Dismissed after complaint from client of inappropriate touching - Series of meetings leading to dismissal - Allegations outlined - Advised that job in jeopardy - Opportunity to comment - Representative present - Minimum procedural requirements met - Whether investigation thorough - Failed to interview person suggested by applicant - Applicant's suggestion considered - Explanation for decisions regarding who to interview - Decision to dismiss was one a fair and reasonable employer would have made in the circumstances - Suspension - No opportunity to comment - No opportunity to seek advice - Suspension not justified - Caregiver |
| Result | Application granted in part ; Compensation for humiliation etc ($2,000) ; Costs to lie where they fall |
| Statutes | ERA Second Schedule cl10 |
| Cases Cited | Association of Staff in Tertiary Education v Northland Polytechnic Council [1992] 2 ERNZ 943;Drummond v Coca Cola Bottlers NZ [1995] 2 ERNZ 229;Gray v Nelson Methodist Presbyterian Hospital Chaplaincy Committee [1995] 1 ERNZ 672;Northern Distribution Union v BP Oil NZ Ltd [1992] 3 ERNZ 483;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. |