| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 20/02 |
| Determination date | 05 February 2002 |
| Member | J Wilson |
| Representation | Tan in person ; G Lawrence |
| Location | Auckland |
| Parties | Tan v New Zealand Physical Training College |
| Summary | UNJUSTIFIED DISADVANTAGE - Warning - Agreed that employment on month by month basis - Relationship deteriorated over negotiations for permanent position - Given memoranda outlining respondent's view - Series of meetings - Issued full and final warning - Mediation attempted but unsuccessful - Applicant given opportunity to explain and mitigate conduct - Warning justified - UNJUSTIFIED DISMISSAL - Serious misconduct - Disciplinary meeting - Notified of allegation that inappropriate comment made to tutor in front of students - Further disciplinary meeting - Allegation denied - Letter of dismissal delivered at home - Written statements by students not available to applicant until after dismissal - Apparent at investigation meeting that conversation between applicant and tutor possibly misinterpreted by students due to communication difficulties - Information readily available to respondent - Failure to consider communication difficulties suggested inquiry not full and fair - Possibility of failure to give unbiased consideration to applicant's explanations - Dismissal not open to fair and reasonable employer - ARREARS OF HOLIDAY PAY - Holiday pay due and owing - Quantum to be determined by parties - Director of studies |
| Result | Application dismissed (unjustified disadvantage) ; Application granted (unjustified dismissal) ; Reimbursement of lost wages ($4,000)(1 month) ; Compensation for humiliation etc ($2,000) ; Arrears of holiday pay (quantum reserved) ; Filing fee ($70) ; No order for costs |
| Cases Cited | NZ (with exceptions) Food Processing etc IUOW v Unilever NZ Ltd [1990] 1 NZILR 35 |
| Number of Pages | 7 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |