| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 91/05 |
| Hearing date | 17 May 2005 |
| Determination date | 30 May 2005 |
| Member | G J Wood |
| Representation | F Mackay ; M Mooney |
| Location | Wellington |
| Parties | Townsend v Prospace Designz Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Summary dismissal - Respondent had a number of concerns about applicant's performance and effectively gave a final written warning - Behaviour at Christmas party - Applicant, in retaliation to being splashed with water and ice attempted to dunk co-worker in drinks bucket - Co-worker badly scraped legs on side of bucket resisting attempt by applicant - The following week, was a complaint from a client - Found sign on paint shop containing mobile phone and number and stating due to excessive drinking may not respond (burp)" - Respondent also became aware that applicant in relationship with administration clerk/receptionist - Number of factors led to dismissal - Decision to dismiss made before meeting with applicant - Predetermination - Unfair process - Took into account irrelevant considerations such as applicant's relationship with co-worker - Not procedurally fair - Unjustified dismissal - Remedies - Contributory conduct 50 percent - Spray painter" |
| Result | Application granted ; Reimbursement of lost wages ($4,330.55 reduced to $2,165.23)(3 months 9 days) ; Compensation for humiliation etc ($6,000 reduced to $3,000) ; |
| Cases Cited | Finsec v Australian Mutual Provident Society [1992] 1 ERNZ 280 |
| Number of Pages | 7 |
| PDF File Link: | wa 91_05.pdf [pdf 28 KB] |