| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 158 |
| Hearing date | 11 Apr 2013 |
| Determination date | 01 May 2013 |
| Member | R Larmer |
| Representation | T Oldfield ; G Mayes |
| Location | Auckland |
| Parties | Mattingly v Strata Title Administration Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Respondent told some staff could finish early – Applicant told to work until end of shift – Applicant left work early to attend doctor’s appointment – Respondent requested informal chat with applicant – Whether applicant invited respondent to dismiss applicant – PENALTY – Applicant sought penalty for respondent’s breach of good faith – Senior receptionist |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Respondent did not provide applicant with information about disciplinary concerns. No opportunity to comment on information. Meeting turned from informal discussion to serious misconduct disciplinary issue without applicant being informed. Fair and reasonable employer could not conclude applicant’s comments amounted to serious misconduct. Procedural deficiencies not minor. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $7,465 reimbursement of lost wages. $6,000 compensation appropriate.;PENALTY: Requirements for penalty not met. No penalty. |
| Result | Application granted ; Reimbursement of lost wages ($7,465.38) ; Compensation for humiliation etc ($6,000) ; Application dismissed (penalty) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A)(c);ERA s4(1A)(c)(i);ERA s4(1A)(c)(ii);ERA s4A;ERA s103A;ERA s103A(3);ERA s103A(4);ERA s103A(5);ERA s124;ERA s128(2) |
| Number of Pages | 8 |
| PDF File Link: | 2013_NZERA_Auckland_158.pdf [pdf 231 KB] |