| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 181/06 |
| Hearing date | 5 May 2006 |
| Determination date | 23 May 2006 |
| Member | Y S Oldfield |
| Representation | H White ; P Kiely |
| Location | Auckland |
| Parties | Sparrow v Air New Zealand Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Complaint by customer that applicant had assaulted customer's five year old daughter - Manager did series of interviews with staff, complainant and complainant's mother, and concluded applicant had smacked the daughter - Applicant alleged she reached out and touched the child in sudden movement with intent to restrain her from the potentially dangerous rollers of baggage line - Applicant drew area of airport which showed area to have been congested - Manager did not interview certain staff member because alleged was too far away to see anything useful - Would have been preferable to interview that potential witness - Two passengers came forward at time to make statements in support of applicant's account of events - Team leader and duty manager failed to obtain contact details of passengers - Failure to gather all relevant information - Conclusion of serious misconduct not open to manager on available information - Not sufficient grounds to discount applicant's statement - Manager's principal basis for doubting applicant was that drawing of area showed it was very congested - Reliance on drawing unjustified - One employee witness unfairly discredited - Manager should have placed more weight on anonymous passengers - Applicant's apology to mother not admission of guilt - Weight of information supported conclusion that applicant touched child in sudden but protective gesture rather than a blow - Dismissal unjustified - Reinstatement ordered - Almost 200 staff members signed petition in support of applicant - Length of service 13 years plus - Customer Services Agent |
| Result | Application granted ; Compensation for humiliation etc ($5,000) ; Reinstatement granted ; Costs reserved |
| Number of Pages | 10 |
| PDF File Link: | aa 181_06.pdf [pdf 117 KB] |