| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2012] NZERA Wellington 50 |
| Hearing date | 15 Nov 2011 |
| Determination date | 26 April 2012 |
| Member | P R Stapp |
| Representation | A Hope, V Dryden ; W Wright |
| Location | New Plymouth |
| Parties | Mathys v Bolton & Anor |
| Other Parties | Bolton |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Farm manager (“C”) claimed applicant broke cow’s tail – Applicant denied allegations – Respondent sought vet’s opinion and provided advice to applicant – Applicant claimed report indicated two hands usually required to break cows’ tails – Applicant claimed C had only seen one hand on tail – Respondent requested further details on broken tails from vet – Respondent claimed left report at workplace for applicant to see – Respondent concluded applicant broke cow’s tail and was serious misconduct – Applicant dismissed – Authority found applicant on notice that dismissal possibility – Found whether respondent able to establish reasonable grounds for honestly held belief that applicant guilty of misconduct affected by applicant’s denial of allegation, number of cows with broken tails, ambiguity in vet’s report and respondent failing to say how assessed credibility between applicant and C – Found conclusions of misconduct and serious misconduct open equally to respondent – Found respondent condoned previous instances of alleged kicking of cows – Found applicant under stress - Found such factors meant opportunity for applicant to provide input on disciplinary action important – Found fair and reasonable employer would have provided opportunity for consultation and for applicant to obtain legal representation – Dismissal unjustified – REMEDIES – 30 per cent contributory conduct - $4,707 reimbursement of lost wages - $2,100 compensation appropriate - Herd manager |
| Result | Application granted; Contributory conduct (30%); Reimbursement of lost wages ($4,707.50); Compensation for humiliation etc ($2,100); Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | Honda New Zealand Ltd v NZ Boilermakers’ etc, Union [1991] 1 NZLR 392 |
| Number of Pages | 11 |
| PDF File Link: | 2012_NZERA_Wellington_50.pdf [pdf 51 KB] |