| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 33/02 |
| Hearing date | 7 Mar 2002 - 13 Mar 2002 (2 days) |
| Determination date | 28 March 2002 |
| Member | H Doyle |
| Representation | T Twomey ; N McPhail |
| Location | Christchurch |
| Parties | Dodd v DE & LM Spence Ltd t/a Pak'N'Save |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Use of abusive or foul language - Questioned following complaint from customer - Swore at manager - Disciplinary meeting regarding language - Not offered support person - Alleged singled out by manager and picked on - Summarily dismissed despite apology - Investigation not full and fair - Failed to investigate allegations against manager - Failed to interview witnesses - Incident not placed in context - Procedural unfairness rendered dismissal unjustified - Contributory conduct 40 percent - Deli assistant |
| Result | Application granted ; Reimbursement of lost wages ($3,744 reduced to $2,246) ; Compensation for humiliation etc ($3,000 reduced to $1,800) ; Costs reserved |
| Number of Pages | 6 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |