| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 92 |
| Hearing date | 5 Mar 2013 |
| Determination date | 19 March 2013 |
| Member | J Crichton |
| Representation | K Fayen ; P Whiteford |
| Location | Auckland |
| Parties | Finlay v Blackwoods Bakeries Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Alleged financial discrepancies – Whether applicant casual or permanent part time employee – Applicant told not to report for work – Whether applicant told not to report for work so that respondent could investigate alleged financial discrepancies – Refusal to provide applicant with documentation regarding alleged financial discrepancies – Whether applicant advised to take certain steps by Department of Labour – Salesperson |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Applicant permanent part time employee. Respondent did not receive advice from Department of Labour. Applicant had no reasonable opportunity to consider respondent’s material. Applicant had no opportunity to respond to implication of serious criminal wrongdoing. Respondent breached good faith duty. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $550 reimbursement of lost wages. $2,500 compensation appropriate. |
| Result | Application granted ; Reimbursement of lost wages ($550) ; Compensation for humiliation etc ($2,500) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s4(1A)(b);ERA s128(2);ERA s128(3) |
| Cases Cited | Allen v Transpacific Industries Group Ltd (t/a Medismart Ltd) (2009) 6 NZELR 530;Smith v McCulloch & Partners [2003] 1 ERNZ 346 |
| Number of Pages | 8 |
| PDF File Link: | 2013_NZERA_Auckland_92.pdf [pdf 169 KB] |