| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 97/05 |
| Hearing date | 8 Feb 2005 |
| Determination date | 22 March 2005 |
| Member | Y S Oldfield |
| Representation | P Teei ; P Tremewan |
| Location | Auckland |
| Parties | Papali'i v Cadbury Confectionary Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Altercation with co-worker - Co-worker had been causing problems in the past - Not all allegations or other witnesses' accounts put to applicant for comment - If supervisor had been more fully questioned previous issues with co-worker would have become apparent - Procedurally unfair - Since had not gathered all information not open to conclude was serious misconduct - Not open in all the circumstances to have dismissed applicant - Disparity of treatment between applicant and co-worker - Remedies - Contributory conduct 20 percent - Reinstatement ordered to former position or one comparable - No award for reimbursement of lost wages since not shown that applicant mitigated loss |
| Result | Application granted ; Reinstatement ordered ; Compensation for humiliation etc ($10,000 reduced to $8,000) ; Costs reserved |
| Statutes | ERA s124 |
| Cases Cited | Ark Aviation v Newton [2001] ERNZ 133 |
| Number of Pages | 6 |
| PDF File Link: | aa 97_05.pdf [pdf 39 KB] |