| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 29/06 |
| Hearing date | 1 Feb 2006 |
| Determination date | 27 February 2006 |
| Member | H Doyle |
| Representation | T Jogh (in person) ; S Hurst |
| Location | Christchurch |
| Parties | Jogh v GL Bowron & Co Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Involved in altercation with another employee (E") - Had been working with knife and had it in hand during incident - E accused applicant of threatening her with knife - Next day foreman provided statement which claimed E replied no when asked if applicant threatened her with knife and that both applicant and E said they could put the incident behind them and work together - Next day E told union she did not like outcome of meeting with foreman and wanted further investigation - Applicant dismissed by disciplinary committee - Several aspects of process unfair - Applicant not advised entitled to representation of his choice and difficulties with independence of union representatives as they also supported E - Not advised dismissal a possible consequence of disciplinary meeting - Not provided with witness statements prior to meeting - Disciplinary committee spoke to applicant first then asked him to leave - Denied opportunity to provide proper response to statements witnesses gave to committee - Committee did not hear from foreman which suggested that matter not approached with open mind and was rushed - Unjustified dismissal - Remedies - Reinstatement not practical due to respondent's restructuring - Contributory conduct 20 percent because applicant shouted at E instead of complaining to foreman - Entitlement to lost wages limited to three months as only applied for a few other jobs - No order for costs as applicant represented himself - Factory worker" |
| Result | Application granted ; Reimbursement of lost wages ($7,358 reduced to $5,886) ; Compensation for humiliation etc ($7,000 reduced to $5,600) ; Disbursements in favour of applicant ($70)(Filing fee) |
| Statutes | ERA s124 |
| Number of Pages | 9 |
| PDF File Link: | ca 29_06.pdf [pdf 51 KB] |