| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 72/05 |
| Hearing date | 14 Sep 2004 |
| Determination date | 18 May 2005 |
| Member | P Montgomery |
| Representation | D Fleming ; N McPhail |
| Location | Christchurch |
| Parties | Fowlds v Lane Walker Rudkin Manufacturing Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Summary dismissal - Heated exchange with co-worker over how to mark particular fabric - Conflicts of evidence - Failure to fully investigate allegations before coming to decision - A supervisor witnessed interaction but was not required to give evidence in respondent's inquiry - Did not put to applicant all relevant information - Inquiry not full and fair - Dismissal unjustified - No refusal to obey lawful instruction from superior - Remedies - 60 percent contributory conduct |
| Result | Application granted ; Reimbursement of lost wages ($5,715.60 reduced to $2,286.24)(13 weeks) ; Compensation for humiliation etc ($10,000 reduced to $4,000) ; Costs reserved |
| Number of Pages | 4 |
| PDF File Link: | ca 72_05.pdf [pdf 23 KB] |