| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 104/04 |
| Hearing date | 25 Jun 2004 |
| Determination date | 25 August 2004 |
| Member | H Doyle |
| Representation | B McIlhone ; G Norton |
| Location | Christchurch |
| Parties | Wallace v Air New Zealand Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Alleged falsification of time sheets - Allegedly played golf on three days recorded as sick leave - Discovered by respondent through golfing website - Respondent adequately indicated importance of appropriate and competent representation - Open to respondent to accept accuracy of website - Reliance on first alleged absence unfair considering notification to respondent that it would be accorded minimal weight during investigation - Failure to consider explanations offered concerning recent death of parents - Explanations not so implausible as to warrant rejection without further investigation - Investigation not approached with open mind especially considering unblemished 33 year employment history - Three month delay between second and third meetings unfair and not consistent with conclusion that conduct warranted dismissal - Absence of full and fair investigation also fatal to substantive justification - Fair and reasonable employer would not have dismissed applicant if explanations properly taken into account - Dismissal substantively and procedurally unjustified - REMEDIES - Reinstatement practicable and appropriate - Reimbursement of lost wages and compensation for humiliation awarded - Airport counter staff team leader |
| Result | Application granted ; Reinstatement ordered ; Reimbursement of lost wages (To be calculated by parties) ; Compensation for humiliation etc ($5,000) ; Orders accordingly ; Costs reserved |
| Statutes | ERA s123(a);ERA s123(b);ERA s125 |
| Number of Pages | 9 |
| PDF File Link: | ca 104_04.pdf [pdf 58 KB] |