| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 115/02 |
| Determination date | 23 April 2002 |
| Member | K J Anderson |
| Representation | J Stairmand ; No appearance |
| Location | Auckland |
| Parties | Thompson v Hotel Du Vin |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - No appearance for respondent - Unauthorised absence from work - Too drunk to drive to work - No means of notifying respondent - Reasonably viewed as serious misconduct - Summary dismissal not warranted - Final warning would have been appropriate - Failure to follow procedures in employment contract - Failure to apply minimum procedural requirements - Not informed of likely consequences - Pre-determination - Contributory conduct - Amount claimed in compensation already low so no reduction made - Kitchen hand |
| Result | Application granted ; Reimbursement of lost wages (3 months reduced to 10 weeks) ; Compensation for humiliation ($2,000) ; Costs reserved |
| Statutes | ERA Second Schedule cl12 |
| Cases Cited | Davis Trading Company Ltd v Lewis [1993] 2 ERNZ 272;NZ (with exceptions) Food Processing etc IUOW v Unilever NZ Ltd [1990] 1 NZILR 35 |
| Number of Pages | 4 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |