| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 68/02 |
| Hearing date | 12 Jun 2002 |
| Determination date | 01 July 2002 |
| Member | N Taylor |
| Representation | M Maling ; T McGinn |
| Location | Christchurch |
| Parties | Jacob v Hoyts Cinemas (NZ) Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Misconduct - Consumption of damaged stock - Applicant and co-workers reprimanded at time of incident - Further meeting held - Informed could bring friend to meeting - Respondent claimed zero tolerance policy justified dismissal - Zero tolerance policy showed rigid application of disciplinary procedures - Dismissal not substantively warranted - Contract stipulated right to representative at meetings - Friend was not equivalent of representative - Dismissal unjustified - Remedies - Contributory conduct - Remedies reduced by 25 percent - Cinema attendant |
| Result | Application granted ; Reinstatement ordered ; Reimbursement of lost wages ($2,298.80 reduced to $1,724.10) ; Compensation for humiliation etc ($2,000) ; Costs reserved |
| Statutes | ERA s123(a);ERA s124 |
| Cases Cited | Hakaraia v Foodstuffs (Wellington) Co-operative Society Ltd [2001] ERNZ 105;Hillier v Lyttelton Borough Council (1987) 1 NZELC 95,647;NZ Nurses Union v Parklands Private Hospital Ltd [1991] 2 ERNZ 174;Wellington Road Transport etc IUOW v Fletcher Construction Co Ltd (re Hepi) [1983] ACJ 653 |
| Number of Pages | 8 |
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