| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2013] NZERA Christchurch 74 |
| Hearing date | 27 Feb 2013 |
| Determination date | 06 May 2013 |
| Member | D Appleton |
| Representation | D Beck ; A Marsh |
| Location | Christchurch |
| Parties | Miller v Hillyers of Lincoln (2006) Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Agreement to work reduced hours on return from maternity leave – Whether agreement to work Saturday’s on trial basis only – Applicant informed respondent of inability to continue working Saturday’s due to child care responsibilities but respondent continued to roster applicant on Saturdays - Respondent refused mediation – Disciplinary process initiated after allegation applicant marked down and purchased respondent’s product - Allegation of unacceptable behaviour towards co-workers - GOOD FAITH - PENALTY – Applicant sought penalty for respondent’s breach of good faith obligation in relation to variation of hours |
| Abstract | AUTHORITY FOUND-;UNJUSTIFIED DISMISSAL: No permanent agreement to vary applicant’s working hours. Not fair or reasonable for respondent to conclude applicant marked down product as no investigation into matter. Respondent should have attempted to resolve tension between staff in relation to alleged unacceptable behaviour. Respondent’s refusal to attempt resolution with applicant unreasonable. Dismissal unjustified. REMEDIES: No contributory conduct. $8,000 compensation appropriate. Respondent to pay applicant $6,191 reimbursement of lost wages.;PENALTY: No intention to undermine employment relationship. Deliberate failure to attend mediation. Serious failure to engage with applicant constructively and proactively. Respondent breached obligation of good faith. $2,500 penalty appropriate. |
| Result | Applications granted ; Compensation for humiliation etc ($8,000); Reimbursement of lost wages ($6,191.50); Penalty ($2,500)(payable to applicant); Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s3 - ERA s4 – ERA s4(1) - ERA s4(1A)(b) – ERA s4A – ERA s4A(a) – ERA s103A – ERA s124 - ERA s128(2) - ERA s128(3) |
| Number of Pages | 25 |
| PDF File Link: | 2013_NZERA_Christchurch_74.pdf [pdf 375 KB] |