| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2012] NZERA Christchurch 113 |
| Hearing date | 2 May 2012 |
| Determination date | 11 June 2012 |
| Member | H Doyle |
| Representation | M Guest ; G Noye |
| Location | Queenstown |
| Parties | Villarete v Water's Edge Service Centre Ltd t/a Wanaka Tyres & Automotive |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Authority found applicant dismissed – Found respondent did not put allegations about applicant’s conduct to applicant or give applicant opportunity to respond – Dismissal unjustified – REMEDIES – 40 per cent contributory conduct – Respondent to pay applicant $5,616 reimbursement of lost wages - $3,600 compensation appropriate – COSTS – Less than one day investigation meeting – Applicant sought contribution towards costs – Respondent to pay applicant $3,000 contribution towards costs - Mechanic |
| Abstract | Applicant employed by respondent as mechanic. Applicant claimed unjustifiably dismissed by respondent. Applicant sought contribution towards costs. Applicant given written warning about performance issues. Following incident, respondent attempted to discuss further performance issue with applicant. Applicant accused respondent of being racist. Applicant dismissed. Respondent claimed applicant resigned.;AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Applicant dismissed. Applicant dismissed because of outburst rather than performance issues. Respondent did not put allegations about applicant’s conduct to applicant or give applicant opportunity to respond. Dismissal unjustified. REMEDIES: 40 per cent contributory conduct. Respondent to pay applicant $5,616 reimbursement of lost wages. $3,600 compensation appropriate.;COSTS: Less than one day investigation meeting. Respondent to pay applicant $3,000 contribution towards costs. |
| Result | Application granted; Contributory conduct (40%); Reimbursement of lost wages ($5,616); Compensation for humiliation etc ($3,600); Costs in favour of applicant ($3,000) |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s103A(3);ERA s124;Immigration Act 2009 s157 |
| Number of Pages | 10 |
| PDF File Link: | 2012_NZERA_Christchurch_113.pdf [pdf 137 KB] |