| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 6/01 |
| Determination date | 08 March 2001 |
| Member | G J Wood |
| Representation | L Highfield ; M Quigg & B Wall |
| Location | Wanganui |
| Parties | Laing v IHC Inc |
| Summary | UNJUSTIFIED DISMISSAL - Serious Misconduct - Downs syndrome client with history of seizures left alone for 4 hours - Suspended then dismissed - Serious misconduct defined in collective employment contract - Whether applicant told details of allegations prior to meeting - Alleged disparity of treatment - Respondent's evidence preferred - Opportunity to defer meeting given - All allegations put to applicant at meeting - Suspension did not conform with collective employment contract - Agreement to suspension obtained in unfair manner and in breach of contract - Unjustifiable action to applicant's disadvantage - Adequate opportunity to be heard - Proper notice of allegations given - Dismissal procedure not ideal but fair - Serious misconduct finding open to fair and reasonable employer - No disparity of treatment - Dismissal justified - Community service worker |
| Result | Application for unjustified dismissal dismissed ; Application of unjustified disadvantaged granted ; Compensation for humiliation etc ($2,000) ; Costs reserved |
| Statutes | ERA s122 |
| Cases Cited | Airline Stewards and Hostesses of NZ IUOW v Air New Zealand Ltd [1985] ACJ 952;Makatoa v Restaurant Brands (NZ) Ltd [1999] 2 ERNZ 311;Northern Clerical etc Union v Auckland University Students Assn (Inc) unreported, Colgan J, 31 July 1992, AEC 55/92;Northern Distribution Union v BP Oil NZ Ltd [1992] 3 ERNZ 483;NZ Clerical Workers Union (Inc) & O'Sullivan v Walker Corporation Ltd unreported, Colgan J, 21 September 1995, CEC 37/95;Reid v Air New Zealand [1991] 3 ERNZ 139;Samu v Air New Zealand Ltd [1995] 1 ERNZ 636;Tupu v Romano's Pizzas [1995] 2 ERNZ 266 |
| Number of Pages | 12 |
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