| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 454/09 |
| Hearing date | 25 Nov 2009 |
| Determination date | 16 December 2009 |
| Member | Y S Oldfield |
| Representation | L Yukich ; R Gibson |
| Location | Auckland |
| Parties | Lewis v City Care Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant suspended following incident involving swearing – Applicant claimed was unwell at time of incident – Dispute between parties as to entitlement to sick leave and duration of medical certificate – Applicant invited to attend disciplinary meeting – Outcome determined after only one meeting – Authority found approach unsatisfactory – Found respondent did not consider applicant’s explanation for conduct – Previous incident involving two men only resulted in warnings – Found respondent failed to put all information to applicant for response – Found respondent failed to conduct full and fair inquiry – Found applicant’s explanation established lower level of conduct – Found respondent’s attitude towards applicant impacted on relationship and should have been taken into account – Found disparity of treatment between applicant and two other men – Dismissal unjustified – REMEDIES – Contributory conduct high – Found not practicable to require parties to work together – Remedies and costs not considered as agreed between parties – Maintenance fitter |
| Result | Application granted ; No order for costs |
| Main Category | Personal Grievance |
| Number of Pages | 13 |
| PDF File Link: | aa 454_09.pdf [pdf 40 KB] |