| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2012] NZERA Christchurch 200 |
| Hearing date | 28 Aug 2012 |
| Determination date | 17 September 2012 |
| Member | D Appleton |
| Representation | S Hollis ; N May |
| Location | Westport |
| Parties | A Murphy v Geotech Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably disadvantaged and unjustifiably dismissed by respondent – Minor physical altercation – Refusal to accept written warning subsequently amended to verbal warning – Request applicant repair vehicle door – Intimidating behaviour towards colleague with alleged verbal abuse – Claim timesheet falsified - Labourer |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL: Reasonable for respondent to take earlier verbal warning into account when investigating later event. Reasonable for respondent to conclude applicant intimidated colleague which amounted to serious misconduct. Failure to forewarn applicant falsifying timesheet disciplinary matter materially prejudiced applicant. Applicant not given access to ultimate decision maker. Significant flaws in process followed by respondent. Applicant unjustifiably disadvantaged by respondent. Dismissal unjustified. REMEDIES: Twenty-five per cent contributory conduct. $5,625 compensation appropriate. |
| Result | Application granted; Contributory conduct (25%); Reimbursement of lost wages (three days); Compensation for humiliation etc ($5,625); Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s103A(2);ERA s124 |
| Number of Pages | 21 |
| PDF File Link: | 2012_NZERA_Christchurch_200.pdf [pdf 296 KB] |