| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 65 |
| Hearing date | 22 Jan 2013 |
| Determination date | 25 February 2013 |
| Member | E Robinson |
| Representation | S Austin ; No appearance |
| Location | Whakatane |
| Parties | Fitzpatrick v Eldercare Services Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Serious Misconduct - Applicant claimed unjustifiably disadvantaged by suspension and unjustifiably dismissed by respondent - Rumours and allegation of theft - No appearance for respondent - Kitchen Hand |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL: Dismissal fell short of requirements of procedural fairness and concept of natural justice. No substantive justification for dismissal. Investigation seriously inadequate and failed to establish respondent had reasonable grounds to believe theft occurred. Suspension lengthy and subjected applicant to unnecessary stress. Applicant unjustifiably disadvantaged by suspension and unjustifiably dismissed. REMEDIES: Respondent to pay applicant $4,157 reimbursement of lost wages for unjustified disadvantage and $17,072 reimbursement of lost wages for unjustified dismissal. $5,000 compensation appropriate for unjustified disadvantage and $15,000 compensation appropriate for unjustified dismissal. |
| Result | Application granted; Reimbursement of lost wages ($4,157.16)(unjustified disadvantage)($17,072.51)(unjustified dismissal); Compensation for humiliation etc ($5,000)(unjustified disadvantage)($15,000)(unjustified dismissal); Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103(1)(b) |
| Cases Cited | Sefo v Sealord Shellfish Ltd [2008] ERNZ 178;Tawhiwhirangi v Attorney-General in respect of Chief Executive, Department of Justice [1993] 2 ERNZ 546 |
| Number of Pages | 14 |
| PDF File Link: | 2013_NZERA_Auckland_65.pdf [pdf 260 KB] |