| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2013] NZERA Christchurch 1 |
| Hearing date | 11 Oct 2012 |
| Determination date | 07 January 2013 |
| Member | J Crichton |
| Representation | R Thompson ; A Smalley |
| Location | Christchurch |
| Parties | James v La Famia No. 2 Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably disadvantaged by suspension and unjustifiably dismissed by respondent – Whether applicant belligerent and cursed at respondent following notice of redundancy – Whether applicant harassed respondent at respondent’s private residence - Restructure - Kitchen manager and head chef |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL: Authority could not condone applicant’s behaviour but understandable in all circumstances. Respondent unwilling to engage with applicant regarding applicant’s behaviour. Applicant unjustifiably disadvantaged by suspension. Restructure mismanaged by respondent. Dismissal initiated as restructure but effected because respondent concerned about applicant’s behaviour. Dismissal unjustified. REMEDIES: One third contributory conduct. Respondent to pay applicant $20,887 reimbursement of lost wages. $5,000 compensation appropriate. Respondent to pay applicant $3,935 arrears of wages. |
| Result | Application granted; Contributory conduct (one third); Reimbursement of lost wages ($20,887.92); Compensation for humiliation etc ($10,000); Arrears of wages ($3,935.02); Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4 – ERA s4(1A)(c) - ERA s128(3) |
| Cases Cited | Forest Park (NZ) Ltd v Adams [2000] 2 ERNZ 310;Vice Chancellor of Massey University v Wrigley [2011] ERNZ 138 |
| Number of Pages | 11 |
| PDF File Link: | 2013_NZERA_Christchurch_1.pdf [pdf 181 KB] |