| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 118/06 |
| Hearing date | 3 Feb 2006 |
| Determination date | 06 April 2006 |
| Member | V Campbell |
| Representation | B Tutton ; C Pidduck |
| Location | Auckland |
| Parties | Hilbers v Bollocks Bar & Brasserie Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant lost temper frequently – Abusive and derogatory towards other staff members – Apologised after each episode - Managing director told applicant job in jeopardy if inappropriate behaviours continued - Swore at manager when requested to provide lunch for additional guests at restaurant – Dismissed same day after “on-the-spot” meeting with managing director – Subsequent letter confirming dismissal raised additional matters justifying dismissal and told applicant not to attend work during notice period – Complete absence of procedural fairness – Earlier notice that job in jeopardy did not amount to formal warning - Failure to put all issues to applicant and provide proper opportunity for response – Unjustified dismissal – Remedies – Applicant’s behaviour appalling and contributed significantly to actions giving rise to dismissal – Entitled to contribution to costs but no other remedy – Length of service six months three weeks – Kitchen manager |
| Result | Application granted ; Costs reserved |
| Statutes | ERA s103A;ERA s124 |
| Cases Cited | Morris v Christchurch Airport Limited [2004] 1 ERNZ 336;North Island Wholesale Groceries Ltd v Hewin [1982] 2 NZLR 176;NZ Food Processing IUOW v Unilever NZ Ltd [1990] 1 NZILR 35 |
| Number of Pages | 6 |
| PDF File Link: | aa 118_06.pdf [pdf 25 KB] |