| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 340 |
| Hearing date | 4 Sep 2012 |
| Determination date | 01 October 2012 |
| Member | R Larmer |
| Representation | S Scott, A Singh ; G Rodgers |
| Location | Hamilton |
| Parties | Fatupaito v HHGC Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Dismissal – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed did not dismiss applicant – Authority found applicant told no longer had job and dismissed during meeting – Found fair and reasonable employer could not dismiss applicant – Found respondent did not comply with procedural fairness obligations or meet basic requirements of natural justice – Dismissal unjustified – REMEDIES – No contributory conduct – Respondent to pay applicant $10,170 reimbursement of lost wages – $5,500 compensation appropriate – Security guard |
| Abstract | Applicant employed by respondent as security guard. Applicant claimed unjustifiably dismissed by respondent. Applicant informed by respondent applicant’s hours to be reduced and applicant not required on two days. Applicant told respondent did not want applicant’s bar manager licence used when applicant not at work. Applicant discovered subsequently applicant’s bar manager licence had been used when applicant not at work and approached local Liquor Licencing Agency. Applicant off work sick but concerned about situation and arranged meeting to clarify employment situation. Applicant claimed told number of times at meeting applicant did not have job and applicant dismissed. Respondent claimed applicant’s position kept open pending applicant’s return from sick leave.;AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Meeting called specifically to address applicant’s employment and applicant and applicant’s support people had taken advice on sorts of questions to be asked so likely applicant asked specifically if applicant still had job. Respondent’s director had told others previously had problem with applicant, had stated was going to get rid of applicant and angry about applicant going to Liquor Licencing Agency. Applicant told no longer had job and dismissed at meeting. Fair and reasonable employer could not dismiss applicant. Respondent did not comply with procedural fairness obligations or meet basic requirements of natural justice. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $10,170 reimbursement of lost wages. $5,500 compensation appropriate. |
| Result | Application granted; Reimbursement of lost wages ($10,170); Compensation for humiliation etc ($5,500); Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s103A(3);ERA s124;ERA s128(2) |
| Number of Pages | 8 |
| PDF File Link: | 2012_NZERA_Auckland_340.pdf [pdf 219 KB] |