| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2012] NZERA Christchurch 287 |
| Hearing date | 4 Sep 2012 |
| Determination date | 21 December 2012 |
| Member | H Doyle |
| Representation | D Beck, S Burnhill ; P Swarbrick |
| Location | Christchurch |
| Parties | Graham v Turners & Growers Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Whether falling asleep on job constituted serious misconduct – Whether applicant’s work affected by applicant’s medical conditions - Whether applicant deliberately avoided duties by sleeping - Store person |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: No serious misconduct when applicant fell asleep. Fair and reasonable employer could not conclude no causation between applicant falling asleep and applicant’s medical conditions. Misdescription of conduct as deliberate avoidance of duties. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant three months reimbursement of lost wages. $12,000 compensation appropriate. |
| Result | Application granted; Reimbursement of lost wages (three months); Compensation for humiliation etc ($12,000); Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A(3)(a) - ERA s103A(3)(c) - ERA s103A(3)(d) - ERA s103A(4) – ERA s103(5) – ERA s128(2) |
| Number of Pages | 15 |
| PDF File Link: | 2012_NZERA_Christchurch_287.pdf [pdf 325 KB] |