| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 201/06 |
| Hearing date | 1 Dec 2005 - 23 Mar 2006 (2 days) |
| Determination date | 13 June 2006 |
| Member | A Dumbleton |
| Representation | S Scott ; R Harrison |
| Location | Auckland |
| Parties | Bowles v Raukura Hauora O Tainui |
| Summary | UNJUSTIFIED DISADVANTAGE - Applicant suspended on full pay by respondent, pending investigation into an employee's allegation that applicant had assaulted and verbally abused her - Disciplinary policy permitted suspension - Alleged misconduct significant - No real alternative to suspension and consultation would have made no difference - Respondent required to ensure reasonable protection given against repeat of alleged conduct - Suspension not unduly prolonged - Suspension justified - No disadvantage - UNJUSTIFIED DISMISSAL - Serious misconduct - Respondent had to be satisfied complaints were genuine and decide who should be believed - Dismissal under old test of justification - Respondent was left with reasonable grounds for believing serious misconduct occurred - Dismissal justified - Length of service 11 years - Clinic administrator |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s103A |
| Cases Cited | Graham v Airways Corporation of New Zealand Ltd [2005] 1 ERNZ 587 |
| Number of Pages | 5 |
| PDF File Link: | aa 201_06.pdf [pdf 29 KB] |