| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 14/02 |
| Determination date | 31 January 2002 |
| Member | G J Wood |
| Representation | P Drummond ; G Rossiter |
| Location | Wellington |
| Parties | Scott v Dibble |
| Other Parties | Dibble |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Absenteeism - Alleged abuse and insubordination - Walked off job - Failed to turn up to work next day - Fixed term contract - Flexible timekeeping arrangement - Respondents condoned past behaviour - Process adopted was unfair - Suspended without contractual authority - No consultation - No details of allegations provided - No opportunity to respond or refute allegations - Dismissal unjustified - No evidence of effort to mitigate loss - Personal choice to stay home and care for daughter - Respondents not liable for personal choice - Award for lost remuneration not appropriate - Contributory conduct one third |
| Result | Application granted ; Compensation for humiliation etc ($7,500 reduced to $5,000) ; Costs reserved |
| Statutes | ERA s124(a);ERA s128(2) |
| Cases Cited | Drummond v Coca Cola Bottlers NZ [1995] 2 ERNZ 229;Hodgkiss v Palmerston North City Council unreported, Goddard CJ, 31 July 1996, WEC 46/96;NZ (with exceptions) Food Processing etc IUOW v Unilever NZ Ltd [1990] 1 NZILR 35;Rench v Wellington City Council unreported, JA Scrimshaw, 5 October 1995, WT 124/95;Tawhiwhirangi v Attorney General in respect of Chief Executive Department of Justice [1993] 2 ERNZ 546;W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448;Williams v Attorney-General in respect of the Secretary for Justice [1999] 2 ERNZ 457 |
| Number of Pages | 12 |
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