| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 74/02 |
| Hearing date | 23 Jul 2002 |
| Determination date | 23 August 2002 |
| Member | P R Stapp |
| Representation | G Neil & C McLorinan ; R Gibson |
| Location | Wellington |
| Parties | Crofskey v Tegel Foods Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Punched live chicken - Disputed whether admission of conduct made - Claimed to have denied incident - Conflicting testimony from witnesses - Failed to consider statements from witnesses - Suspension - Personal grievance in regard to suspension not raised - No prejudice caused by minor defects in effecting suspension - Honest held belief that applicant punched chicken - Investigation full and fair - Appropriate for respondent to assess credibility and rely on evidence of witness - Dismissal justified |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Airline Stewards and Hostesses of NZ IUOW v Air NZ Ltd [1990] 3 NZILR 584;NZ (with exceptions) Food Processing etc IUOW v Unilever NZ Ltd [1990] 1 NZILR 35;W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448 |
| Number of Pages | 10 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |