| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 349/04 |
| Hearing date | 19 Jul 2004 |
| Determination date | 29 October 2004 |
| Member | M Urlich |
| Representation | A Schaaf ; M Ryan |
| Location | Auckland |
| Parties | Sowman v Nova Institute of Education Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant told director of studies certain employee had no written employment agreement - Signed employment agreement later found - Reasonable basis to conclude applicant had misled respondent regarding existence of employment agreement - No reasonable basis to conclude applicant secreted the employment agreement - Dismissal unjustified - Remedies - Contributory conduct 50 percent - UNJUSTIFIED DISADVANTAGE - Also investigations into two other allegations - Answers in respect of those two allegations accepted - Whether raising two allegations unjustified disadvantage - No unjustified disadvantage - Suspension - Advised by letter with no opportunity to comment - No evidence applicant suffered any injury - No unjustified disadvantage - Principal |
| Result | Application granted ; Reimbursement of lost wages (Quantum to be determined reduced by 50 percent)(3 months reduced to 1.5 months) ; Compensation for humiliation etc ($2,000 reduced to $1,000) ; Costs reserved |
| Statutes | ERA s124 |
| Number of Pages | 6 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |