| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 80/02 |
| Hearing date | 19 Aug 2002 - 20 Aug 2002 (2 days) |
| Determination date | 30 August 2002 |
| Member | D Asher |
| Representation | P Morten ; K Spackman |
| Location | Wellington |
| Parties | Travers-Jones v The Attorney General in respect of the Chief Executive of the Ministry of Maori Development |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Alleged knowledge of presence of drugs in workplace - Alleged failed to take appropriate action and misled investigation - Presence of bag containing white powder - Colleague claimed applicant had returned powder to owner - Disciplinary investigation undertaken - Investigation created only a mere suspicion of misconduct - No evidence powder was drugs - No evidence of misconduct - Dismissal substantively unjustified - Remedies - Allegations severely hindered employment prospects - Reinstatement appropriate - No wrongdoing by applicant - UNJUSTIFIED DISADVANTAGE - Alleged failure to provide safe work environment - Alleged drugs in workplace - No proof drugs were in workplace - Grievance submitted out of time - Disadvantage claim not established - Technical architect/manager |
| Result | Application granted ; Reinstatement ordered ; Reimbursement of lost wages (Quantum reserved) ; Compensation for humiliation etc ($10,500) ; Costs reserved |
| Cases Cited | Airline Stewards and Hostesses of NZ IUOW v Air NZ Ltd [1990] 3 NZILR 584 ; [1990] 3 NZLR 549;Honda NZ Ltd v NZ (with exceptions) Shipwrights etc IUOW [1990] 3 NZILR 23 ; [1991] 1 NZLR 392;Northern Distribution Union v BP Oil NZ Ltd [1992] 3 ERNZ 483;W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448 |
| Number of Pages | 18 |
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