| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2013] NZERA Wellington 49 |
| Hearing date | 14 Mar 2013 |
| Determination date | 03 May 2013 |
| Member | P R Stapp |
| Representation | S Taylor ; S Murray, B Malcolm |
| Location | Wellington |
| Parties | Smith v Recon Professional Services Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Complaint made about applicant – Multiple allegations of sexual harassment – Applicant denied allegations – Whether applicant truthful about existence of tattoo on genitals during disciplinary meeting – Security Guard |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: No full and fair enquiry. Respondent failed to discuss findings, decision to dismiss and any other options available with applicant. Evidence relied upon flawed. Respondent failed to put allegation applicant not truthful when asked about existence of tattoo to applicant. Fair and reasonable employer could not have dismissed applicant. Dismissal unjustified. REMEDIES: 20 per cent contributory conduct. Respondent to pay applicant $6,743 reimbursement of lost wages. $1,600 compensation appropriate. |
| Result | Application granted ; Contributory conduct (20%) ; Reimbursement of lost wages ($6,743.57) ; Compensation for humiliation etc ($1,600) ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 9 |
| PDF File Link: | 2013_NZERA_Wellington_49.pdf [pdf 197 KB] |