| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 59/04 |
| Hearing date | 11 Mar 2004 |
| Determination date | 24 May 2004 |
| Member | H Doyle |
| Representation | K Tifaga ; A Roberts |
| Location | Christchurch |
| Parties | Robertson v Roberts and Anor t/a the Doncaster Hotel |
| Other Parties | Roberts |
| Summary | UNJUSTIFIED DISMISSAL - Alleged serious misconduct - Previous oral and written warnings - Warnings not issued in accordance with procedure in employment agreement - Complaints by staff and customers about applicant's conduct - Dismissed for refusing to carry out duties and threatening violence against co-worker - Procedurally unfair - Not advised of right to representative - Not advised of all allegations against her - No opportunity to provide explanation - Pre-determination - No full and fair investigation - Dismissal unjustified - Remedies - Contributory conduct - Made statement in angry manner about what would do to co-worker - Contributory conduct 25 percent - Employment relationship with respondent unlikely to have lasted longer than three months - Bar person |
| Result | Application granted; Reimbursement of lost wages ($6,279 reduced to $4,709.25) ; Compensation for humiliation, etc ($6,000 reduced to $4,500) ; Costs reserved |
| Cases Cited | Hillier v Lyttleton Borough Council (1987) 1 NZELC 95,647;John v Rees [1970] Ch 345;Madden v NZ Railways Corporation [1991] 2 ERNZ 690 |
| Number of Pages | 11 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |