| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 193/02 |
| Hearing date | 5 Jun 2002 |
| Determination date | 26 June 2002 |
| Member | J Wilson |
| Representation | HH Te Nahu ; J Peebles |
| Location | Auckland |
| Parties | Cooper v Te Wananga O Aotearoa |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Received written warning for series of incidents of misbehaviour - Decided to relocate applicant and his students off campus to minimise conflict - Students confronted campus manager on mass to complain - Incident took place between campus manager and applicant during confrontation - Applicant dismissed without disciplinary meeting - Whether inquiry necessary - Entitled to opportunity to be heard - No full and fair inquiry - Dismissal unjustified - Contributory conduct 50 percent - Lecturer |
| Result | Application granted ; Reimbursement of lost wages ($13,500 reduced to $6,750)(6 months reduced to 3 months) ; Compensation for humiliation etc ($3,000 reduced to $1,500) ; Costs reserved |
| Cases Cited | NZ (with exceptions) Food Processing etc IUOW v Unilever NZ Ltd [1990] 1 NZILR 35 |
| Number of Pages | 5 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |