| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 288 |
| Hearing date | 18 Jun 2013 |
| Determination date | 08 July 2013 |
| Member | A Fitzgibbon |
| Representation | E Franco ; S Callanan |
| Location | Auckland |
| Parties | Tauo v Cowboys Bar Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent - Applicant informally warned co-worker of customer complaints through text message – Alleged insubordination – Whether respondent issued applicant with prior warnings - Bar manager |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Failure to properly investigate allegations. Failure to comply with disciplinary process in parties’ employment agreement – Text message to co-worker not serious misconduct - Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $4,132 reimbursement for lost wages. $8,000 compensation appropriate. |
| Result | Application granted ; Reimbursement of lost wages ($4,132.92) ; Compensation for humiliation etc ($8,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A – ERA s103A(3) – ERA s124 - ERA s128(2 |
| Cases Cited | Angus v Ports of Auckland Ltd (No 2) [2011] ERNZ 466;New Zealand Merchant Service Guild IUOW v New Zealand Rail Ltd [1991] 2 ERNZ 587 |
| Number of Pages | 16 |
| PDF File Link: | 2013_NZERA_Auckland_288.pdf [pdf 353 KB] |