| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 447/05 |
| Hearing date | 13 Oct 2005 |
| Determination date | 18 November 2005 |
| Member | V Campbell |
| Representation | T Drake ; S Wilson |
| Location | Auckland |
| Parties | Thomas v SkyCity Management Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - Disciplinary investigation - Respondent held disciplinary meeting regarding certain allegations against applicant - Respondent determined allegations had no basis and did not proceed with any disciplinary action - Applicant alleged being subjected to disciplinary process, being threatened with loss of job, and failure by respondent to undertake proper investigation prior to raising allegations were unjustified actions giving rise to disadvantage - Also alleged respondent's actions were breach of good faith - Authority agreed with respondent's submission that onus on employer to show that there had been proper and sufficient enquiry before decision made - Respondent did not want to discuss matters with people outside organisation before discussing matters with applicant - Followed fair and reasonable process - No disadvantage - Respondent did not conduct itself in manner which breached obligations to act in good faith towards applicant - Surveillance Manager |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s103(1)(b);ERA s103A |
| Cases Cited | Flight Attendants and Related Services (NZ) Assn v Air NZ Ltd (No 3) [1991] 2 ERNZ 835;Matthes v NZ Post Ltd [1994] 1 ERNZ 994;NZ (with exceptions) Food Processing etc IUOW v Unilever NZ Ltd [1990] 1 NZILR 35;Russell v Wanganui City College [1998] 3 ERNZ 1076;Wackrow v Fonterra Co-operative Group Limited [2004] 1 ERNZ 350;Wellington Area Health Board v Wellington Hotel etc IUOW [1992] 2 ERNZ 466 |
| Number of Pages | 5 |
| PDF File Link: | aa 447_05.pdf [pdf 20 KB] |