| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 39/02 |
| Determination date | 12 April 2002 |
| Member | N Taylor |
| Representation | JS Mee ; P Roberts |
| Location | Christchurch |
| Parties | Webb v Works Infrastructure Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Physical altercation with co-worker at staff function - Previous history of animosity - Had raised concerns with manager - Promised to arrange meeting as resolution - Verbal taunts directed at applicant - Approached co-worker who hit him with a bottle - Subsequently struck co-worker - Applicant informed managers of incident - Meeting held where allegations of made - Applicant provided explanation and cited witnesses - Meeting lasted 15 minutes - Same day notice of dismissal - Told witnesses not contacted - Evidence suggested applicant acting in self-defence - Dismissal procedurally unfair - Failure to fully investigate matter - Failure to consider applicant's reasons suggested predetermination - Dismissal substantively unjustified - Failed to consider alternatives to dismissal - Long serving employee without unblemished record - Decision to dismiss not open to fair and reasonable employer - Remedies - Contributory conduct reduced remedies - Need to confront co-worker contributed to situation - Remedies reduced by 25 percent - Supervisor |
| Result | Application granted ; Reimbursement of lost wages ($6,500.39 reduced to $4,875.30) ; Compensation for humiliation etc ($15,000 reduced to $11,250) ; Reimbursement of lost benefit ($500 reduced to $375)(Vehicle) ; Costs reserved |
| Statutes | Crimes Act s48;ERA s161(2) |
| Cases Cited | Board of Trustees of Marlborough Girls' College v Sutherland [1999] 2 ERNZ 611;BP Oil NZ Ltd v Northern Distribution Workers Union [1989] 3 NZILR 276 ; [1989] 3 NZLR 580;Central Clerical Workers Union v EV McConnell t/a Bridge Service Station [1990] 3 NZILR 1048;Killick v Feltex Carpets Limited unreported, Palmer J, 16 June 1998, CC 18/98;Mackintosh v Carter Holt Harvey Ltd unreported, Travis J, 11 July 2001, AC 2A/01;McGregor v Armour Creations Ltd [1990] 1 NZILR 610;New Zealand Amalgamated Engineering etc IUOW v Fletcher Construction Co Ltd (t/a Mecon) [1989] 3 NZILR 279;New Zealand Meat Processors etc IUOW v Richmond Ltd [1991] 2 ERNZ 566;North Island Wholesale Groceries Ltd v Hewin [1982] 2 NZLR 176; (1982) ERNZ Sel Cas 27;Pilkington (New Zealand) Ltd v Sangha [1999] 2 ERNZ 263;W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448;Wishart v Armoured Freightways Ltd [1982] ACJ 129;Zinck v Sleepyhead Manufacturing Company Ltd [1995] 2 ERNZ 448 |
| Number of Pages | 8 |
| PDF File Link: | ca 39_02.pdf [pdf 52 KB] |