| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 107/02 |
| Determination date | 17 April 2002 |
| Member | K J Anderson |
| Representation | S Scott ; C Patterson |
| Location | Auckland |
| Parties | Henry v Youth Horizons Trust |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Manhandled youth after spoken to with offensive language - Alleged slapped youth - Complaint laid - Final warning previously received for similar conduct - Dismissed following disciplinary meeting - Reinstatement sought - Credibility - Respondent's evidence preferred - Procedural flaws not fatal - Decision to dismiss open to fair and reasonable employer - Claim not made out - House parent |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Northern Distribution Union v BP Oil NZ Ltd [1992] 3 ERNZ 483;W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448 |
| Number of Pages | 6 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |