| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 248/05 |
| Hearing date | 24 May 2005 |
| Determination date | 05 July 2005 |
| Member | V Campbell |
| Representation | AM McInally ; K Thompson |
| Location | Auckland |
| Parties | Hudson v Air New Zealand Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant dismissed after allegedly pushing colleague while undertaking boarding duties and complaints about manner applicant treated passengers at check-in - Key issue under s103A Employment Relations Act was to determine whether in all circumstances actions of respondent and how respondent acted was what fair and reasonable employer would have done - Test considered under following headings: circumstances known at time decision to dismiss was made, process followed by respondent, decision to dismiss - Circumstances included employee's history with employer, size and nature of employer's organisation and industry in which organisation operated - Applicant had received written warnings in 2002 and October 2003 - Pushing incident had been dealt with by supervisor prior to disciplinary meeting and fair and reasonable employer would have considered matter closed - Applicant given insufficient particulars about allegations of bad service" - Final written warning 14 months old - Warning had become exhausted by passage of time - At best fair and reasonable employer would have given applicant a warning - Dismissal unjustified - Remedies - Contributory conduct 10 percent - Customer Service Agent/Leading Airline Clerk" |
| Result | Application granted ; Reinstatement ordered ; Reimbursement of lost wages ($10,310 reduced to $9,279) ; Compensation for humiliation ($5,000 reduced to $4,500) ; Costs reserved |
| Statutes | ERA s103A |
| Number of Pages | 10 |
| PDF File Link: | aa 248_05.pdf [pdf 53 KB] |