[2007] NZEmpC WC 22/07 Tawhiwhirangi v CE of the Department of Corrections [pdf, 97 KB]
...relevant collective agreement provides that “Before any substantive disciplinary action is taken an appropriate investigation is to be undertaken by a manager.” An “appropriate investigation” includes one conducted under the employer’s own Human Resources Manual. Therefore, if the employer has not followed his own process, that can be the subject of a compliance order. [3] As developed in argument by his counsel, the defendant’s jurisdictional submission was that the...