| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 305/04 |
| Hearing date | 25 May 2004 |
| Determination date | 21 September 2004 |
| Member | L Robinson |
| Representation | G Parsloe ; P Churchman |
| Location | Auckland |
| Parties | Harvey v Silver Fern Shipping Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - Applicant given written warning for behaviour towards jetty terminal staff - Applicant alleged investigation process flawed - Applicant alleged comments to jetty staff in response to safety issue - Alleged did not interview all witnesses - Not necessary to make further enquiries - Full and fair investigation - Reasonable to conclude allegations against applicant made out - Evidence showed applicant behaved in unacceptable manner - Not prepared to find warning unjustified solely because had no expiration date - Open to respondent to issue written warning - No unjustified disadvantage - Seaman |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s174 |
| Cases Cited | NZ Woollen Workers IUOW v Christchurch Carpet Yarns Ltd [1989] 2 NZELC 97; [1989] 2 NZILR 14;O'Connor v Wellington City Council [1990] 2 NZILR 128 |
| Number of Pages | 5 |
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