| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 126/06 |
| Hearing date | 24 Feb 2006 |
| Determination date | 19 April 2006 |
| Member | A Dumbleton |
| Representation | Dr C Perry ; M Broadbelt |
| Location | Auckland |
| Parties | Rogers v Otamatea Veterinary Club Inc t/a The Vet Centre |
| Summary | UNJUSTIFIED DISMISSAL - UNJUSTIFIED DISADVANTAGE - Summary dismissal - Applicant had litter of puppies vaccinated at clinic - Question over payment for vaccinations - CEO sent applicant letter setting out issues as usurping veterinarians authority, attitude problems, stolen time and product and service pilfering - Concluded letter by stating had lost confidence in applicant's ability to be truthful, practice had been poorly treated by applicant, and bad attitudes were unlikely to be able to be corrected - Letter indicated bias - Fair and reasonable employer would not have continued disciplinary enquiry with CEO as ultimate decision maker - Bias and predetermination real as well as apparent - Applicant declining valuable opportunity of mediation unreasonable - Not active and constructive as required by s4(1A) Employment Relations Act 2000 - Unjustified dismissal - Question of remedies reserved - Parties directed to mediation - Comments made about evidence that contribution finding would depend on - Other issues raised not relied on as grounds for disciplinary action so could not be taken into account as matters of contribution - Applicant made inconsistent and contradictory statements about payment of vaccination fees - Applicant alleged Authority showed bias, predetermination and prejudice during investigation meeting - Merely because court or tribunal had earlier in hearing commented adversely on party or witness did not by itself found a sustainable objection to court continuing to hear and decide matter - Length of service more than seven years - Vet Nurse/Cleaner |
| Result | Application granted ; Question of remedies reserved ; Parties directed to mediation ; Costs reserved |
| Statutes | ERA s3(a)(v);ERA s4(1A);ERA s103A;ERA s159 |
| Cases Cited | Locabail (UK) Ltd v Bayfield Properties Ltd [1999] EWCA Civ 3004;Rankin v Attorney-General [2001] ERNZ 476;Telecom New Zealand Ltd v Nutter [2004] 1 ERNZ 315 |
| Number of Pages | 9 |
| PDF File Link: | aa 126_06.pdf [pdf 56 KB] |