| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 269/05 |
| Hearing date | 1 Jun 2005 |
| Determination date | 15 July 2005 |
| Member | R A Monaghan |
| Representation | S Mitchell ; T Waddell |
| Location | Auckland |
| Parties | King v Richmonds Limited |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant dismissed after admitted slapping co-worker - Alleged co-worker had started waving knife at him - Co-worker alleged his knife was in his pouch at time of assault, and applicant punched rather than slapped - Applicant alleged respondent's investigation flawed - Insufficient information given to respondent by applicant to warrant full investigation into whether applicant acted in self-defence - Respondent did not do enough to clarify when co-worker was allegedly waving knife - However applicant's own account suggested he was aggressor - Fuller picture unlikely to have affected conclusions about applicant's culpability - Hurried air about disciplinary meeting mitigated by applicant's admission at outset - Dismissal justified - Meat works employee |
| Result | Application dismissed ; Costs reserved |
| Number of Pages | 6 |
| PDF File Link: | aa 269_05.pdf [pdf 35 KB] |