| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 174/10 |
| Hearing date | 10 Jun 2009 - 11 Aug 2009 (2 days) |
| Determination date | 16 April 2010 |
| Member | D King |
| Representation | J Burley ; R Harrison |
| Location | Auckland |
| Parties | Peters and Anor v Te Roopu Waiora Trust |
| Summary | UNJUSTIFIED DISMISSAL – Applicants claimed summary dismissals unjustified – Respondent discovered damage to CEO’s (“K”) door – First incident where, K concluded B had kicked door out of anger due to comments made by K – Second incident where, volunteer (“M”) informed K alleging applicant A had driven B in company vehicle to go and purchase cannabis for B – A and B in personal relationship – M met trust board, and argued alleged breaches of confidentiality by applicants and alleged cannabis incident – Board engaged consultant (“C”) to gather information about incidents – Applicants suspended – C conducted interviews but not of applicants – C argued did not interview applicant because asked not to by K – Subsequently applicants summarily dismissed – Authority found applicants could not properly respond to allegations without knowing identity of investigator – Found applicant’s responses to allegations should have been put to accusers for reply prior to dismissal decision – Found considerable doubt cast upon objectivity of process controlled by K and C – Found respondent did not conduct full and fair investigation – Found little or no consideration given to possible ulterior motives – Found K responsible for recommendation to dismiss, not C – Found allegation A drove B to purchase cannabis could have been checked through log books – Found given seriousness of allegations there was obligation to ensure evidence was sufficiently compelling – Found dismissals unjustified – Remedies – Applicants on fixed term agreements – Found no contributory conduct by applicants – Applicants entitled to reimbursement of lost wages – Found A entitled to $4,000 compensation – Found B entitled to $2,000 compensation |
| Result | Applications granted ; Reimbursement of lost wages ($5480) (Cumulative) ; Compensation for humiliation etc ($6000) (Cumulative) ; Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | Blaker v B & D (New Zealand) Ltd, unreported, Travis J, 21 Sept 2007, AC8B/07;Honda NZ Ltd v NZ etc Shipwrights etc IUOW (1990) ERNZ Sel Cas 855; [1990] 3;NZILR 23, also reported as Honda NZ Ltd v NZ Boilermakers etc Union [1991] 1;NZLR 392; (1990) 4 PRNZ 330 (CA) |
| Number of Pages | 13 |
| PDF File Link: | aa 174_10.pdf [pdf 51 KB] |