| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 204 |
| Hearing date | 19 Apr 2013 |
| Determination date | 21 May 2013 |
| Member | R Larmer |
| Representation | D Flaws ; M Broadbent |
| Location | Whangarei |
| Parties | Hira v Barfoote Holdings Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably disadvantaged by suspension and withholding of final pay – Applicant claimed unjustifiably dismissed by respondent – Whether applicant addressed in abusive and demeaning tone – Whether applicant “stormed off” – Whether applicant sent home following meeting with general manager – Whether applicant suspended – Whether applicant resigned – Concrete technician |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL: Applicant suspended when sent home by general manager. No good reason for suspension and respondent did not follow fair process. Applicant unjustifiably disadvantaged by suspension. Respondent had no reason to withhold final pay. Applicant unjustifiably disadvantaged by withholding of final pay. Respondent misled applicant would be meeting to discuss applicant’s concerns. Applicant unjustifiably disadvantaged by respondent’s breach of good faith. Fair and reasonable employer could not have concluded applicant resigned without clarifying applicant’s intentions. Applicant dismissed. No allegation put to applicant. No opportunity for applicant to provide feedback. Applicant not advised of right to representation. Respondent did not provide applicant with relevant information about ongoing employment. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant reimbursement of lost wages, quantum to be determined. $5,500 compensation appropriate. |
| Result | Applications granted ; Reimbursement of lost wages (quantum to be determined) ; Compensation for humiliation etc ($5,500) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A);ERA s103A;ERA s103A(3);ERA s124;ERA s128(2) |
| Number of Pages | 12 |
| PDF File Link: | 2013_NZERA_Auckland_204.pdf [pdf 241 KB] |