| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 88/01 |
| Determination date | 06 December 2001 |
| Member | A Dumbleton |
| Representation | C Reaich ; EJ Eastwood |
| Location | Wellington |
| Parties | Hato Paora College Trust Board v Stevenson |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Several instances of financial mismanagement - Failure to attend to health and safety problems - Matters that an employer acting reasonably could have taken up with an employee - Given notice of specific allegations and likely consequences if established - Had real opportunity to explain - Advised could have support person present - No bias or preconceived ideas about result of inquiry - Not influenced by irrelevant considerations - Substantively fair and reasonable enquiry - Natural justice did not require respondent to obtain explanation after applicant chose to forgo opportunity - Respondent's investigation required a balance of probabilities standard of proof - Although respondent believed applicant guilty of serious misconduct, dismissing on notice was justified - School hostel manager |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Airline Stewards and Hostesses of NZ IUOW v Air NZ Ltd [1990] 3 NZILR 584 ; [1990] 3 NZLR 549;Big Save Furniture Ltd v Bridge [1994] 2 ERNZ 507;BP Oil NZ Ltd v Northern Distribution Union [1992] 3 ERNZ 483;Drummond v Coca-Cola Bottlers NZ [1995] 2 ERNZ 229;NZ (with exceptions) Food Processing etc IUOW v Unilever NZ Ltd [1990] 1 NZILR 35;W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448 ; [2001] 3 NZLR 29 |
| Number of Pages | 6 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |