| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 387/05 |
| Hearing date | 13 Sep 2005 |
| Determination date | 29 September 2005 |
| Member | L Robinson |
| Representation | RP Dilloway (in person) ; D France |
| Location | Auckland |
| Parties | Dilloway v Eurest New Zealand Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Alleged failure to follow safety requirements by allowing child in kitchen, boisterous or disruptive behaviour, and failure to have diabetic snacks available - Alleged harassment of staff - One staff member alleged was very frightened by applicant's behaviour - Applicant acknowledged was inappropriate for child to be in kitchen - Allegations relating to sandwiches and child in kitchen not serious misconduct - Matters ought to have been dealt with by warning - Not reasonable to have concluded applicant harassed staff - Not reasonable to consider applicant's actions constituted a complete and irremediable loss of trust and confidence - Summary dismissal not appropriate response - Unjustified dismissal |
| Result | Application granted ; Reimbursement of lost wages ($3,059.06)(Three months) ; Compensation for humiliation etc ($10,000) ; No order for costs |
| Number of Pages | 7 |
| PDF File Link: | aa 387_05.pdf [pdf 70 KB] |