| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 33/01 |
| Hearing date | 9 Jan 2001 - 23 Mar 2001 (4 days) |
| Determination date | 12 April 2001 |
| Member | D King |
| Representation | J Burley ; D Organ |
| Location | Auckland |
| Parties | Keating v New Zealand Bloodstock Limited |
| Summary | UNJUSTIFIED DISMISSAL - Alleged disclosure of confidential information - Whether applicant dismissed or resigned - Allegations admitted in meeting prior to being advised to seek independent representation - Letter of dismissal given outlining reasons - Not all allegations put to applicant - Decision maker not involved in disciplinary process - Procedural unfairness rendered dismissal unjustified - Contributory conduct - Super bonus series co-ordinator |
| Result | Application granted ; Compensation for humiliation etc ($2,000) ; Costs reserved |
| Cases Cited | Carlton and United Breweries (NZ) Pty Ltd v Bourke [1994] 2 ERNZ 1;Faccenda Chicken Ltd v Fowler [1986] 1 All ER 617;Finsec v AMP Society [1992] 1 ERNZ 280;Paewhenua v Manukau City Council [1998] 2 ERNZ 376;Thomas Marshall (Exports) Ltd v Guinle [1979] Ch 227 |
| Number of Pages | 7 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |