| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 40/01 |
| Determination date | 12 September 2001 |
| Member | N Taylor |
| Representation | J Macgregor ; J Enright |
| Location | Christchurch |
| Parties | Holland v Gore Windscreen 'n' Glass (2000) Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Contract allowed for termination if acted in manner that could lead to injury - Summarily dismissed after leaving glass fragments in school library - Suffered from illness that caused forgetfulness - Employer not informed of illness - Employer influenced by other incidents in coming to decision to dismiss - Employee observed and monitored prior to dismissal without knowledge - Other incidents not put to applicant - Procedural unfairness rendered dismissal unjustified - Contributory conduct 60 percent for failure to inform employer of illness - Details of illness subject to non-publication order - Glazier |
| Result | Application granted ; Compensation for humiliation etc ($3,000 reduced to $1,200) ; Costs reserved |
| Statutes | ERA s124;ERA Second Schedule cl10 |
| Cases Cited | Auckland City Council v Hennessey [1982] ACJ 699;Canterbury Hotel, Hospital, Restaurant etc IUOW v Bellis Ltd (t/a The Coachman Inn) [1983] ACJ 857 |
| Number of Pages | 5 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |