| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 206/02 |
| Hearing date | 22 Apr 2002 - 23 Apr 2002 (2 days) |
| Determination date | 12 July 2002 |
| Member | Y S Oldfield |
| Representation | G Walsh ; L Watson |
| Location | Auckland |
| Parties | Kihi v Te Roopu Rangatahi O Te Ao Marama Te Kohanga Reo |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Alleged physical abuse of children - 2 disciplinary meetings - First meeting raised allegations - Second meeting held without applicant's knowledge - Respondent committee decided to dismiss - Alleged process adopted complied with kaupapa of respondent - Claimed Authority bound to recognise kaupapa process - Authority obliged recognise Maori custom of kaupapa - Dismissal process breached both kaupapa and procedural fairness - Dismissal unjustified - Remedies - Contributory conduct - Remedies reduced by 50 percent - Kohanga reo caregiver |
| Result | Application granted ; Reimbursement of lost wages ($3,861 reduced to $1,930.50) ; Compensation for humiliation etc ($4,000 reduced to $2,000) ; Costs reserved |
| Cases Cited | Te Whanau a Takiwira Te Kohanga Reo and Anor v Tito and Anor [1996] 2 ERNZ 565 |
| Number of Pages | 7 |
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