| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 160/01 |
| Determination date | 18 October 2001 |
| Member | WRC Gardiner |
| Representation | B Patrick ; M Crotty |
| Location | Auckland |
| Parties | Hunt v Formica (NZ) Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Involved in confrontation with co-worker - Disputed whether punched co-worker - Investigation conducted but no witnesses admitted to seeing punch - Given warning - Secret witness subsequently came forward - Alleged saw punch thrown by applicant - Investigation reopened and applicant dismissed - Initial investigation inadequate - Failed to identify all available witnesses - Unjustified in reopening investigation once warning given - Decision to dismiss not open to fair and reasonable employer - Dismissal unjustified - No contributory conduct to dismissal - Process worker |
| Result | Application granted ; Reimbursement of lost wages ($6,010.16)(13 weeks) ; Compensation for humiliation etc ($3,500) ; Costs reserved |
| Cases Cited | Commerer v Red Eagle Corporation Ltd unreported, Goddard CJ, 27 June 2000, WC 29A/00;Drummond v Coca Cola Bottlers NZ [1995] 2 ERNZ 229;GFW Agri-Products Ltd v Gibson [1995] 2 ERNZ 323;Gibson v GFW Agri-Products Ltd [1994] 2 ERNZ 309;New Zealand Meat Processors etc IUOW v Richmond Ltd [1991] 2 ERNZ 566;Phipps v New Zealand Fishing Industry Board [1996] 1 ERNZ 195;Porter v Board of Trustees of Westlake Girls' High School [1998] 1 ERNZ 377;Schollum v Andrew (t/a Coastal Communications) unreported, Colgan J, 12 June 1996, AEC 45/96;Spotless Services (NZ) Ltd v Parker unreported, Palmer J, 17 February 1998, CEC 7/98;Tupu v Romano's Pizzas (Wellington) Ltd [1995] 2 ERNZ 266;W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448 |
| Number of Pages | 13 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |