| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 2/05 |
| Hearing date | 21 Dec 2004 |
| Determination date | 06 January 2005 |
| Member | D Asher |
| Representation | M Williams ; D McLeod |
| Location | Napier |
| Parties | Hamilton v Taradale Tavern Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant slipped and hurt back and went on ACC - Respondent alleged was told by co-worker that applicant told her he was going to slip over on broken tile and go on ACC and that he was sick of working - Applicant denied conversation with co-worker - Respondent preferred co-workers account of conversation - Applicant dismissed - Failure by respondent to reasonably and fairly assess applicant's consistent denial of faking the accident and the objective evidence in support of his position - Applicant was offered option of resigning or being dismissed early on in disciplinary process - Strongly suggestive of predetermination and absence of proper investigation - Failure to advise applicant of co-worker's report of conversation and provide with copy of statement - Applicant denied opportunity to respond when matter first emerged - Dismissal unjustified - SEXUAL HARASSMENT - Alleged sexual harassment by one of respondent's shareholders - Absence of adequate evidence - In event necessary to do so would need to hear further evidence - Bar manager |
| Result | Application granted ; Compensation for humiliation etc ($5,000) ; Costs reserved |
| Statutes | ERA s124 |
| Cases Cited | W&H Newspapers Ltd v Oram [2000] 2 ERNZ 448 |
| Number of Pages | 9 |
| PDF File Link: | wa 2_05.pdf [pdf 38 KB] |