| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 137 |
| Hearing date | 12 Mar 2012 |
| Determination date | 18 April 2012 |
| Member | R Larmer |
| Representation | S McKenna ; T Kinder |
| Location | Hamilton |
| Parties | Bowler v IRB Realty Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Applicant took two periods of sick leave - Respondent told applicant must be at work on specified date regardless of health – Applicant sick on specified date – Applicant claimed unable to call respondent so applicant’s mother (“B”) notified respondent – Applicant attended doctor two days later and received medical certificate for remainder of week – B claimed notified respondent and offered to send copy of medical certificate but respondent replied not necessary – Respondent called B and said applicant not to come to work next day as replacement found – Applicant dismissed – Respondent claimed applicant failed to attend work on specified date or notify respondent of absence – Respondent claimed office systems beyond applicant’s experience and capabilities – Authority found B had notified respondent of applicant’s absence on specified date – Found respondent’s concerns not serious misconduct justifying summary dismissal – Found respondent did not raise concerns with applicant or warn applicant job in jeopardy if absent on specified date – Found dismissal procedurally unfair – Found respondent breached duty of good faith by failing to supply relevant information to applicant relating to dismissal – Found respondent’s conduct delayed resolution of matter – Dismissal unjustified - REMEDIES – No contributory conduct - $5,906 reimbursement of lost wages – Found respondent had total disregard for applicant’s rights - $5,000 compensation appropriate – Receptionist |
| Result | Application granted; Reimbursement of lost wages ($5,906.25); Compensation for humiliation etc ($5,000); Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A);ERA s103A;ERA s120;ERA s128(3);ERA s130 |
| Number of Pages | 13 |
| PDF File Link: | 2012_NZERA_Auckland_137.pdf [pdf 53 KB] |