| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 47/05 |
| Hearing date | 20 Jan 2005 - 21 Jan 2005 (2 days) |
| Determination date | 10 February 2005 |
| Member | D King |
| Representation | G Davenport ; N Dines |
| Location | Auckland |
| Parties | Te Kare v Toll New Zealand Consolidated Ltd |
| Summary | UNJUSTIFIED DISMISSAL - UNJUSTIFIED DISADVANTAGE - Serious misconduct - Applicant's supervisor (S") alleged applicant threatened him with physical violence - S instructed applicant to go home until meeting set up - At meeting S remained with decision makers during adjournments - Created at least appearance of bias - Led to actual bias as decision makers could not have open discussion about credibility with S in same room - Matters taken into account which were not put to applicant for comment - Dismissal unjustified - Suspension also unjustified as decision should have been made by impartial person - Remedies - Respondent's opposition to reinstatement based on premise that conclusions reached about altercation were correct - This cannot be so as investigation flawed - Reinstatement ordered - Evident that at least heated discussion took place - Contributory conduct 50 percent - Hoist operator" |
| Result | Application granted ; Reinstatement ordered ; Reimbursement of lost wages ($17,017 reduced to $8,508.50)(10 months) ; Compensation for humiliation etc ($4,000 reduced to $2,000) ; Costs reserved |
| Number of Pages | 3 |
| PDF File Link: | aa 47_05.pdf [pdf 15 KB] |