| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2012] NZERA Christchurch 126 |
| Hearing date | 18 Aug 2011 |
| Determination date | 26 June 2012 |
| Member | P Cheyne |
| Representation | A Sharma ; D Mitchell |
| Location | Nelson |
| Parties | Lucas v Ultimate Care Group Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Authority found respondent failed to provide applicant with all relevant material – Found respondent misled applicant about position of at least some complainants – Dismissal unjustified – REMEDIES – 10 per cent contributory conduct – Respondent to pay applicant $2,010 reimbursement of lost wages – Interest payable - $9,000 compensation appropriate – Senior caregiver |
| Abstract | Applicant employed by respondent as senior caregiver. Applicant claimed unjustifiably dismissed by respondent. Respondent received complaints about applicant from applicant’s colleagues. Respondent considered complaints amounted to allegations of bullying by applicant. Applicant suspended. Respondent questioned complainants further but applicant not provided with notes of meetings. At disciplinary meeting applicant denied intentionally bullying or harassing staff. During break in meeting respondent affirmed that complainants stood by complaints. Respondent claimed three complainants stated intention to leave respondent if applicant returned. Applicant dismissed.;AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Authority noted delay in issuing determination due to Christchurch earthquake. Applicant not given opportunity to comment on decision to suspend applicant. Respondent failed to provide applicant with all relevant material. Respondent mislead applicant about position of at least some complainants. Dismissal unjustified. REMEDIES: Applicant upset colleagues by applicant’s words and manner. 10 per cent contributory conduct. Respondent to pay applicant $2,010 reimbursement of lost wages. Interest payable. $9,000 compensation appropriate. |
| Result | Application granted; Contributory conduct (10%); Reimbursement of lost wages ($2,010.63); Interest payable (5%); Compensation for humiliation etc ($9,000); Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A)(c);ERA s128(3);ERA Second Schedule cl11;Judicature Act 1908 |
| Cases Cited | Auckland and Tomoana Freezing Works etc IUOW v South Pacific Meat Corp Ltd [1991] 3 ERNZ 1146;Edmonds v Attorney-General [1998] 1 ERNZ 1;Jinkinson v Oceana Gold (NZ) Ltd (2011) 9 NZELC 93,655 |
| Number of Pages | 16 |
| PDF File Link: | 2012_NZERA_Christchurch_126.pdf [pdf 217 KB] |