| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 177/02 |
| Determination date | 11 June 2002 |
| Member | D King |
| Representation | D Jenkin ; B Spong |
| Location | Auckland |
| Parties | Dormer v The Hanger Company Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Dismissed after work party - Alleged threatened staff member's job - Subsequently assaulted by staff member's partner - View formed that applicant about to assault partner - Managing director intervened - Believed intervention amounted to assault - Investigation carried out by managing director - Alleged actions so serious trust and confidence irretrievably breached - Dismissed for threatening to assault, provoking violence and failing to follow instruction to stay away from partner - Investigation inadequate - Managing director investigated own conduct - Entitled to conclude applicant provoked violence - Not entitled to conclude threat of assault made - Applicant's conduct not befitting person in position of authority - Inappropriate to threaten employee's job at staff party - Brought company into disrepute - Conduct amounted to serious misconduct - Not prejudiced by flaws in investigation process - Dismissal justified - General manager |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Makatoa v Restaurant Brands (NZ) Ltd [1999] 2 ERNZ 311;Northern Distribution Union v BP Oil NZ Ltd [1992] 3 ERNZ 483;Northern Hotel etc IUOW v Waikato Hospital Board [1989] 3 NZILR 258;Smith v Christchurch Press Company Ltd [1999] 2 ERNZ 685;W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448 |
| Number of Pages | 6 |
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