| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 136/01 |
| Determination date | 19 September 2001 |
| Member | J Wilson |
| Representation | A McKay ; C Starr |
| Location | Auckland |
| Parties | Willson v Quality Mushrooms Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Alleged use of offensive and abusive language - Left previous job because of mild depression - Alleged failed to disclose medical information relevant to job - Information not relevant - No active misstatement - Decision to dismiss predetermined - No full and fair inquiry - Dismissal unjustified - UNJUSTIFIED DISADVANTAGE - Suspended on full pay to investigate allegations - Failure to consider alternatives to suspension resulted in unjustified disadvantage - Office manager |
| Result | Application granted ; Reimbursement of lost wages ($6,923)(9 weeks) ; Compensation for humiliation etc ($3,000) ; Costs reserved |
| Statutes | Contractual Remedies Act 1979 s7(4) |
| Cases Cited | Gray v Nelson Methodist Presbyterian Hospital Chaplaincy Committee [1995] 1 ERNZ 672;NZ (with exceptions) Food Processing etc IUOW v Unilever NZ Ltd [1990] 1 NZILR 35;Skywards Catering Ltd v Apthorp-Hall [1995] 2 ERNZ 218 |
| Number of Pages | 8 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |