| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2012] NZERA Christchurch 197 |
| Hearing date | 21 Feb 2012 |
| Determination date | 13 September 2012 |
| Member | H Doyle |
| Representation | L Andersen ; M guest |
| Location | Dunedin |
| Parties | Blue v Graamans health Development Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Whether applicant completed application for annual Practising Certificate by deadline – Whether applicant completed required credits as part of Recertification by deadline – Whether applicant dishonest in completing Recertification form – Alleged dishonesty – Warnings – Claimed applicant did not accept responsibility and continued to make excuses – Alleged failure to show remorse – RECOVERY OF MONIES – Applicant sought recovery of moving expenses – Move to different town – Pharmacist |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Fair and reasonable employer could not conclude misconduct regarding completion of application for annual Practising Certificate by deadline. Applicant met deadline for completing required credits. Respondent could not conclude applicant’s incorrect or careless filling out of Recertification form dishonest or serious misconduct. Respondent’s investigation of allegations not sufficient. Reason for dismissal respondent’s belief applicant not remorseful or acknowledged actions at disciplinary meeting rather than allegations in letter commencing disciplinary process. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant reimbursement of lost wages, quantum to be determined. Leave reserved for applicant to return to Authority for determination of quantum of lost wages. $10,000 compensation appropriate.;RECOVERY OF MONIES: Appropriate for applicant to be reimbursed for certain moving costs. Respondent to pay applicant $500 recovery of monies. |
| Result | Applications granted ; Reimbursement of lost wages (quantum to be determined) ; Compensation for humiliation etc ($10,000) ; Recovery of monies ($500) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103(3);ERA s103A;ERA s103A(3) |
| Number of Pages | 15 |
| PDF File Link: | 2012_NZERA_Christchurch_197.pdf [pdf 212 KB] |