| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2012] NZERA Wellington 138 |
| Hearing date | 21 Aug 2012 |
| Determination date | 31 October 2012 |
| Member | P R Stapp |
| Representation | F Kelly ; M Reid |
| Location | Wellington |
| Parties | Wilds v UGL (NZ) Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Authority found respondent did not conduct proper investigation into matter raised by applicant about manager (“C”) that fair and reasonable employer expected to investigate objectively – Found respondent closed mind to any possible explanation from applicant and ignored applicant’s service, satisfactory performance reviews and lack of prior warnings – Found C directly involved in allegations against applicant given applicant’s conduct unusual but respondent did not get another person to conduct disciplinary process – Dismissal unjustified – REMEDIES – 25 per cent contributory conduct – Respondent to pay applicant $8,812 reimbursement of lost wages – $4,500 compensation appropriate – Projects administrator |
| Abstract | Applicant employed by respondent as projects administrator. Applicant claimed unjustifiably dismissed by respondent. Applicant called to meeting with manager (“C”) to discuss matter arising out of meeting previous day. Shortly into meeting, applicant used colourful language and asked by C to leave office. Applicant complied but returned shortly and used colourful language again. Applicant called to disciplinary meeting with C to respond to allegation of insubordination and disrespectful conduct. Applicant apologised for behaviour and initially tendered resignation. Applicant given opportunity to comment on penalty and raised treatment of applicant by C making decisions on work applicant required to perform. Applicant dismissed.;AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Applicant’s apology sincere. Respondent did not conduct proper investigation into matter raised by applicant about C that fair and reasonable employer expected to investigate objectively. Respondent closed mind to any possible explanation from applicant and ignored applicant’s service, satisfactory performance reviews and lack of prior warnings. C directly involved in allegations against applicant given applicant’s conduct unusual but respondent did not get another person to conduct disciplinary process. Dismissal unjustified. REMEDIES: 25 per cent contributory conduct. Respondent to pay applicant $8,812 reimbursement of lost wages. $4,500 compensation appropriate. |
| Result | Application granted; Contributory conduct (25%); Reimbursement of lost wages ($8,812.50); Compensation for humiliation etc ($4,500); Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 6 |
| PDF File Link: | 2012_NZERA_Wellington_138.pdf [pdf 216 KB] |