| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2013] NZERA Christchurch 24 |
| Hearing date | 4 Dec 2012 |
| Determination date | 04 February 2013 |
| Member | M B Loftus |
| Representation | J Smith ; P Brown |
| Location | Christchurch |
| Parties | Cracroft-Wilson v Mount Hutt Station Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Serious Misconduct - Applicant claimed unjustifiably disadvantaged by respondents disciplinary process and respondents breach of good faith. Applicant claimed unjustifiably dismissed - Whether death of stock could be attributed to applicant - Farm - COUNTERCLAIM - RECOVERY OF MONIES - Respondent sought recovery of monies for loss suffered - Assistant manager |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL: Unacceptable for respondent to assume applicant knowledgeable on stock disease. Poor performance not serious misconduct. Respondent failed to follow fair process. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $7,307 reimbursement of lost wages. $5000 compensation appropriate.;COUNTERCLAIM - RECOVERY OF MONIES: Applicant's failure to apply skills never obtained not enough to support respondents claim. No recovery of monies. |
| Result | Application granted (unjustified disadvantage-unjustified dismissal); Reimbursement of lost wages ($7,307.69); Compensation for humiliation etc ($5,000); Application dismissed (counterclaim-recovery of monies); Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A - ERA s124 - ERA s128(2) |
| Number of Pages | 10 |
| PDF File Link: | 2013_NZERA_Christchurch_24.pdf [pdf 179 KB] |