| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 32 |
| Hearing date | 11 - 12 Dec 2012 |
| Determination date | 30 January 2013 |
| Member | E Robinson |
| Representation | H White ; B Brown, J Douglas |
| Location | Auckland |
| Parties | Lawrie v Air Liquide New Zealand Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Incapacity - Applicant claimed unjustifiably disadvantaged by respondent's actions including bullying, disclosure of personal information, initiation of disciplinary process without basis and coercion to resign - Applicant claimed unjustifiably dismissed by respondent - Mental illness - Prolonged absences from work - Punctuality - Customer service representative |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL: No evidence respondent bullied applicant. Respondent's request for medical information reasonable. Disclosure of reason for applicant's absence reasonable. Meetings not disciplinary. No coercion to resign. Respondent not required to hold job open indefinitely. Respondent supportive of applicant's situation. Respondent followed fair procedure. Dismissal justified. |
| Result | Application dismissed; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103(1)(b) - ERA s103A |
| Cases Cited | Barry v Wilson Parking New Zealand (1992) Ltd [1998] 1 ERNZ 545;Canterbury Clerical Workers IUOW v Andrews and Beaven Ltd [1983] ACJ 875;Hoskin v Coastal Fishing Supplies Ltd [1985] ACJ 124 |
| Number of Pages | 26 |
| PDF File Link: | 2013_NZERA_Auckland_32.pdf [pdf 286 KB] |