| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2013] NZERA Wellington 54 |
| Hearing date | 12 Feb 2013 |
| Determination date | 14 May 2013 |
| Member | T MacKinnon |
| Representation | P Mitchell ; P Cullen |
| Location | Wellington |
| Parties | Uerata-Jennings v The Scout Association of New Zealand |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct - Applicant claimed unjustifiably dismissed by respondent – Improper use of credit card – Charging personal travel to respondent – Applicant alleged other senior managers engaged in similar conduct – Claim of disparate treatment– Operations manager. |
| Abstract | AUTHORITY FOUND -;UNJSUTIFIED DISMISSAL: Applicant given sufficient opportunity to respond to concerns. No disparate treatment. Insufficient investigation despite sufficient resources. Dismissal unjustified. REMEDIES: 90 per cent contributory conduct. Respondent to pay $1,950 reimbursement of lost wages. $500 compensation appropriate. Respondent to pay PAYE deducted from applicant’s wages to IRD. |
| Result | Application granted ; Orders made; Contributory conduct (90%) ; Reimbursement of lost wages ($1,950) ; Compensation for humiliation etc ($500) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A- ERA s103A(5)(a) – ERA s124 - ERA s128(2) |
| Cases Cited | Villegas v Visypak (NZ) Ltd [2010] NZEMPC 154 |
| Number of Pages | 16 |
| PDF File Link: | 2013_NZERA_Wellington_54.pdf [pdf 260 KB] |