| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 259 |
| Hearing date | 18 Apr 2013 - 15 May 2013 (2 days) |
| Determination date | 19 June 2013 |
| Member | R A Monaghan |
| Representation | W Lawson, G Burt ; M Forsyth |
| Location | Rotorua |
| Parties | Bishop v Rotorua Realty Services Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably disadvantaged by suspension and unjustifiably dismissed by respondent – Whether applicant failed to follow instructions – New manager appointed by respondent – Previous poor working relationship between applicant and new manager – Difficulties between applicant and manager – Allegations by applicant of micro-management and bullying by manager – Multiple warnings – Whether applicant suspended after applicant refused to remain in meeting – Meeting to discuss applicant’s employment – Property manager |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL: Respondent had no good reason to believe applicant’s continued presence in workplace may give rise to other significant issue. Applicant unjustifiably disadvantaged by suspension. Not clear meeting was disciplinary and applicant not informed dismissal possible outcome. Not clear inability to resolve issues between applicant and manager could result in dismissal. Dismissal unjustified. REMEDIES: Unspecified contributory conduct. Respondent to pay applicant $2,400 reimbursement of lost wages. $3,000 compensation appropriate. |
| Result | Applications granted ; Contributory conduct (unspecified) ; Reimbursement of lost wages ($2,400) ; Compensation for humiliation etc ($3,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s103A(2);ERA s103A(3);ERA s103A(4);ERA s103A(5) |
| Cases Cited | Singh v Sherildee Holdings Ltd t/a New World Opotiki unreported, Couch J, 22 September 2005, AC53/05;Tawhiwhirangi v Attorney-General in respect of Chief Executive, Department of Justice [1993] 2 ERNZ 546 |
| Number of Pages | 11 |
| PDF File Link: | 2013_NZERA_Auckland_259.pdf [pdf 217 KB] |