| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 81/01 |
| Determination date | 13 November 2001 |
| Member | G J Wood |
| Representation | D Gould ; S Webster |
| Location | Wellington |
| Parties | Whatuira v Hawkes Bay District Health Board |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Punched another employee on respondent's property - Suspended after two reports from staff that applicant charged and held in jail - Allegations detailed in notice of suspension - Disciplinary meeting held with human resources manager - Legal representation and support from whanau - Told matter was serious and given opportunity to respond - Mitigating factors considered - Human resources manager made recommendation of dismissal to CEO - Applicant dismissed by acting CEO - Appealed decision unsuccessfully - No opportunity to be heard by decision-maker before dismissal - Dismissal procedurally unfair - Right of appeal to decision-maker did not rectify procedural unfairness - Contributory conduct 100 percent - No disparity of treatment - UNJUSTIFIED DISADVANTAGE - Failure to provide opportunity to be heard prior to suspension - Unjustifiably disadvantaged - No compensation awarded as no evidence of hurt or humiliation |
| Result | Application granted in part ; Costs reserved |
| Cases Cited | Airline Stewards and Hostesses of NZ IUOW v Air New Zealand Ltd [1985] ACJ 952;Ark Aviation Ltd v Newton [2001] ERNZ 133;Auckland Restcare Trust v Woods unreported, Travis J, 29 September 1998, AC 75/98;Irvines Freightlines Ltd v Cross [1993] 1 ERNZ 424;Macadam v Port Nelson Ltd (No 2) [1993] 1 ERNZ 300;Moss v Healthcare Hawkes Bay Ltd unreported, K Johnston, 12 December 2000, WT 2B/00;NZ Educational Institute v Board of Trustees of Auckland Normal Intermediate School [1992] 3 ERNZ 24;Paewhenua v Manukau City Council [1998] 2 ERNZ 376;Porter v The Board of Trustees of Westlake Girls' High School [1998] 1 ERNZ 377;Quinn v Bank of New Zealand [1991] 1 ERNZ 1060;Ramage v Minister of Education [1998] 2 ERNZ 188;Samu v Air New Zealand Ltd [1995] 1 ERNZ 636;Tawhiwhirangi v Attorney General in respect of Chief Executive Department of Justice [1993] 2 ERNZ 546;Verboeket v Du Pont Peroxide Ltd (No 2) [1993] 1 ERNZ 124 |
| Number of Pages | 9 |
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