| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 301 |
| Hearing date | 12 Mar 2013 |
| Determination date | 15 July 2013 |
| Member | K J Anderson |
| Representation | J McBride ; D Harrison |
| Location | Auckland |
| Parties | Reid v Harrison Enterprises Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Applicant asked to assess suitability of customer’s home and state of lawn – Applicant advised customer to contact competitor – Competitor’s name discovered on customer’s sales docket – Whether applicant dismissed or resigned – Horticulturalist |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Applicant’s evidence preferred. Respondent sent email to another franchise operator confirming applicant dismissed. Applicant dismissed. Applicant never given notice of investigation meeting or informed employment in jeopardy. Dismissal unjustified. REMEDIES: 40 per cent contributory conduct. Respondent to pay applicant $4,649 reimbursement of lost wages. $4,200 compensation appropriate. |
| Result | Application granted ; Contributory conduct (40%) ; Reimbursement of lost wages ($4,649) ; Compensation for humiliation ($4,200) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s103A(3);ERA s103A(3)(a);ERA s103A(3)(b);ERA s103A(3)(c);ERA s103A(3)(d);ERA s124;ERA s128;ERA s128(2);ERA s128(3) |
| Number of Pages | 12 |
| PDF File Link: | 2013_NZERA_Auckland_301.pdf [pdf 186 KB] |