| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 47/01 |
| Determination date | 14 May 2001 |
| Member | R A Monaghan |
| Representation | A Fitzgibbon ; M Quigg |
| Location | Auckland |
| Parties | Hill v Housing New Zealand |
| Summary | UNJUSTIFIED DISADVANTAGE - Sent anonymous letter containing allegations concerning managers - Denied writing letter - Suspended in order to consider position - No prior warning of possibility of suspension - Suspension an unjustifiable action - UNJUSTIFIED DISMISSAL - Investigation held on basis of letter - Respondent found no substance to allegations - Tracked to applicant's computer - Meeting to discuss allegations and denials - Question of bias - Investigation not sufficient to conclude summary dismissal appropriate - Housing New Zealand worker |
| Result | Application granted ; Reinstatement declined ; Compensation for humiliation etc ($1,000) ; Costs reserved |
| Statutes | ERA s125;Labour Relations Act 1987 s228 |
| Cases Cited | Airline Stewards & Hostesses of NZ IUOW v Air NZ Ltd [1990] 3 NZILR 584;ASTE v Northland Polytechnic Council [1992] 2 ERNZ 943;BP Oil NZ Ltd v Northern Distribution Workers Union [1989] 3 NZLR 580 ; [1989] 3 NZILR 276;Northern Distribution Union v BP Oil [1992] 3 ERNZ 483;Tawhiwhirangi v Attorney General in respect of Chief Executive, Department of Justice [1993] 2 ERNZ 546 |
| Number of Pages | 14 |
| PDF File Link: | aa 47_01.pdf [pdf 100 KB] |