Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No CA 133/10
Determination date 24 June 2010
Member P Cheyne
Representation T Shaw ; P Kiely
Location Christchurch
Parties Shearer v Radius Residential Care Ltd
Other Parties 2
Summary PRACTICE AND PROCEDURE – Application for removal to Employment Court (“EC”) – Respondent sought removal to EC – Applicant consented to removal – Applicant claimed unjustified dismissal – Respondent claimed dismissal justified – Respondent’s Human Resources Manager (“X”) substantially involved in disciplinary investigation – X appointed Member of Employment Relations Authority after date for investigation meeting set – Authority found would have to hear and assess X’s evidence despite being fellow Authority Member – Found substantial risk of appearance of bias – Matter removed to EC
Result Application granted ; Costs reserved
Main Category Practice & Procedure
Number of Pages 2
PDF File Link: ca 133_10.pdf [pdf 9 KB]