Shepherd Mapiki v Catering Industry Pension Fund

Key Issues

• {"issue_text":"Whether the principal officer required a board resolution to discipline the appellant","issue_type":"procedural","dispositive":"no","related_facts":"Principal officer conducted disciplinary proceedings without board resolution"}
• {"issue_text":"Whether investigation must precede suspension in disciplinary proceedings","issue_type":"procedural","dispositive":"no","related_facts":"Investigation and suspension sequence"}
• {"issue_text":"Whether there was sufficient evidence to prove wilful disobedience to lawful order","issue_type":"mixed","dispositive":"yes","related_facts":"Email deletion instruction, 5-month delay, laptop allocation to junior"}
• {"issue_text":"Whether the dismissal penalty was appropriate","issue_type":"law","dispositive":"yes","related_facts":"Nature of misconduct, employer's discretion"}

Background