| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 33A/05 |
| Hearing date | 10 Mar 2005 |
| Determination date | 22 July 2005 |
| Member | P Montgomery |
| Representation | P Cranney ; J Gibbs |
| Location | Christchurch |
| Parties | Kemp and Ors v Westpac Banking Corporation |
| Other Parties | Reid, Mules-Wilson |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Dismissals occurred after 1 December 2004 - Applicants dismissed for smoking marijuana at staff Christmas function – A manager and the designated host of the function (“K”) did not stop this happening though did not participate – Issue was whether investigation procedurally fair – Prior to dismissal K had spoken to applicants, assuring them they’d be fine and could expect a warning – Applicants were not told of range of possibilities open to employer and not given opportunity to comment on those - Following dismissal the senior manager investigating the matter (“C”) became aware of new information from the guest who produced the marijuana and a witness who stated that K had been present when marijuana produced and said it was okay to smoke it – Investigation into K’s involvement – Respondent declined to reconsider position of the three applicants – Information received after dismissal only “new” in the sense that the information was not discovered in the investigation – C did not raise applicants' alleged intoxication with K during investigation when should have - Investigation not full and fair – Fair and reasonable employer would have conducted a comprehensive investigation into events before deciding on disciplinary action – Unsafe to base dismissal on findings of investigation – K was accorded better treatment in her investigation – Distinction of treatment between applicants and K on basis applicants broke the law unsound since K also broke the law – Unjustified dismissal – Reinstatement ordered – Publication of name or identifying details of K prohibited |
| Result | Application granted ; Reinstatement ordered ; Reimbursement of lost wages (Quantum to be determined by parties) ; Compensation for humiliation etc ($4,000)(First applicant) ; ($3,000)(Second applicant) ; ($3,000)(Third applicant) ; Non-publication order ; Costs reserved |
| Statutes | Crimes Act 1961 s66(1)b);Crimes Act 1961 s66(1)(c) |
| Number of Pages | 10 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |