Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No CA 108/06
Hearing date 11 Oct 2005
Determination date 25 July 2006
Member P Montgomery
Representation J Goldstein ; K Thompson
Location Christchurch
Parties Hubber v Air New Zealand Ltd
Summary UNJUSTIFIED DISADVANTAGE - Applicant alleged unjustifiably disadvantaged by final warning issued by respondent - Respondent investigated allegation applicant breached code of conduct and check-in procedures - Applicant checked herself in and removed baggage tags from airport - Finding of misconduct in respect of baggage tags open to respondent following full and extensive inquiry - No disparity of treatment - Incidents of others removing tags were simply allegations and although applicant undertook to provide further information on issue to respondent, she failed to do so - Respondent entitled to impose appropriate sanction - No unjustified disadvantage - Length of service over 25 years - Duty Terminal Manager
Result Application dismissed ; Costs reserved
Cases Cited Alliance Freezing Co (Southland) Ltd v NZ Amalgamated Engineering etc IUOW [1989] 3 NZILR 785 ; [1990] 1 NZLR 533;BP Oil Ltd v Northern Distribution Union [1989] 3 NZILR 276, [1989] 3 NZLR 580 (CA);North Island Wholesale Groceries Ltd v Hewin [1982] 2 NZLR 176;Northern Distribution Union v BP Oil NZ Ltd [1992] 3 ERNZ 483;NZ (with exceptions) Food Processing etc IUOW v Unilever NZ Ltd [1990] 1 NZILR 35
Number of Pages 4
PDF File Link: ca 108_06.pdf [pdf 22 KB]