| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 466/09 |
| Hearing date | 16 Jul 2009 - 6 Oct 2009 (2 days) |
| Determination date | 21 December 2009 |
| Member | D King |
| Representation | S Scott ; A Hope |
| Location | Auckland |
| Parties | Johnson v Te Runanga o Kirikiriroa Trust Inc |
| Summary | UNJUSTIFIED DISMISSAL – Misconduct – Applicant claimed dismissal procedurally and substantively unjustified – Respondent argued applicant verbally and physically abused co-worker therefore summary dismissal justified – Applicant received letter alleging serious misconduct for workplace violence – Meeting held to discuss matter – Respondent’s chief executive officer (“B”), who was not present at meeting or spoke with applicant, dismissed applicant by letter – B’s letter provided “had reasonable cause to believe allegations true and constituted serious misconduct” – Authority found regardless of what information B had regarding allegations, applicant did not have opportunity for explanation – Found B did not communicate with applicant until dismissal letter – Dismissal unjustified – REMEDIES – Found insufficient evidence to conclude whether applicant contributed to situation as no opportunity for explanation given – Lost wages award declined as applicant failed to mitigate loss – $4,000 compensation appropriate |
| Result | Application granted ; Compensation for humiliation etc ($4,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 4 |
| PDF File Link: | aa 466_09.pdf [pdf 17 KB] |