| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 125/04 |
| Hearing date | 10 Aug 2004 |
| Determination date | 16 September 2004 |
| Member | P R Stapp |
| Representation | A Cressey ; S Hornsby |
| Location | Wellington |
| Parties | Robinson v New Zealand Post Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - Suspension - Employee G"s radio fell to ground shortly after applicant complained about it - Applicant alleged G walked past and elbowed him in back - Applicant alleged he followed G, pushed him lightly on shoulder and said that sort of behaviour belonged outside - G alleged applicant assaulted him - Suspended on pay pending outcome of investigation - Suspension predetermined - Suspension unjustified - UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant dismissed for unwelcome physical contact that could endanger and making verbal threat - Whether fair and reasonable employer could have come to honestly held belief that applicant deliberately and wilfully threatened G - Credibility at issue - Procedure flawed as information used in disciplinary investigation not tested against information gathered in preliminary investigation - Respondent should have given preliminary investigation information to applicant - Evidence had to be convincing as allegation was grave - Dismissal unjustified - Remedies - Unable to determine whether or not applicant threatened or pushed G - No contributory conduct - Global compensation took into account 14 years long service with respondent - Postal delivery worker" |
| Result | Application granted ; Reinstatement ; Reimbursement of lost wages (Quantum to be determined by parties)(5 months 2 weeks) ; Compensation for humiliation, etc ($10,000) ; Costs reserved |
| Cases Cited | Northern Distribution Union v BP Oil NZ Ltd [1992] 3 ERNZ 483;NZ (with exceptions) Shipwrights etc Union v Honda NZ Ltd [1989] 3 NZILR 82;W&H Newspapers Ltd v Oram [2000] 2 ERNZ 448 |
| Number of Pages | 10 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |