| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 154/01 |
| Determination date | 10 October 2001 |
| Member | J Wilson |
| Representation | R Harrison ; P Skelton |
| Location | Auckland |
| Parties | Bree v Man O'War Farm Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Allegations that smoked cannabis at work - Alleged cannabis plants located on respondent's property belonged to applicant Delay between allegations and investigation - Allegations not raised until manager aware of separate tensions between applicant's family and another employee's family - Possibility that manager influenced by irrelevant considerations - Declined to refer matter for police investigation - Failure to interview employees who wrote statements in support of applicant - Staff informed of dismissal before disciplinary meeting - Evidence of bias and predetermination - Investigation not full and fair - Dismissal unjustified - Reinstatement sought but not practicable - UNJUSTIFIED DISADVANTAGE - Suspended on full pay pending investigation - No opportunity to be heard - Suspension unjustified - Amenity tree manager |
| Result | Application granted ; Reimbursement of lost wages ($7,250)(3 months) ; Loss of benefit ($1,650)(accommodation) ; Compensation for humiliation etc ($6,000) ; Costs reserved |
| Statutes | ERA s123;ERA s125;ERA s125(2) |
| Cases Cited | Gray v Nelson Methodist Presbyterian Hospital Chaplaincy Committee [1995] 1 ERNZ 672;NZEI v ANI School Trustees [1992] 3 ERNZ 243;NZ (with exceptions) Food Processing etc IUOW v Unilever NZ Ltd [1990] 1 NZILR 35;Pallet Supplies Company Ltd v Yates [1998] 1 ERNZ 532;Willing & Ors v Robert Stone Ltd unreported, Palmer J, 6 July 2000, AC 53/00 |
| Number of Pages | 11 |
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