| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2013] NZERA Christchurch 140 |
| Hearing date | 1 May 2013 |
| Determination date | 09 July 2013 |
| Member | P R Stapp |
| Representation | A Oberndorfer ; R Thompson |
| Location | Christchurch |
| Parties | Hartigan v Mainland Driving School Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious misconduct - Applicant claimed unjustifiably dismissed by respondent – Applicant’s wife also employed by respondent – Employee alleged bullied by applicant – Respondent raised issues with applicant alleging employee overworked, applicant’s wife treated differently to other staff and applicant undermined owner in front of staff – Argument between applicant and owner – Alleged aggressive behaviour - Respondent ordered applicant to leave premises – Applicant refused to leave – Respondent called Police – Parties accepted applicant dismissed – No investigation - Respondent accepted proper procedure not followed – Whether investigation and opportunity for applicant to comment would have resulted in dismissal – PENALTY – Applicant sought penalty for respondent’s breach of good faith - Branch manager |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Cooling down period appropriate instead of summary dismissal. Applicant unjustifiably dismissed. REMEDIES: Respondent to pay applicant $9,351 reimbursement of lost wages. $1,346 compensation for loss of petrol allowance appropriate. $2,500 compensation appropriate .;PENALTY: Respondent failed to follow good faith by not following correct procedure. Penalty would be disproportionate response. No penalty. |
| Result | Application granted (unjustified dismissal) ; Application dismissed (penalty) ; Reimbursement of lost wages ($9,351.62) ; Compensation for loss of benefit ($1,346.10)(petrol allowance); Compensation for humiliation etc ($2,500) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A(1) - ERA s103A(2) - ERA s103A(3)(a) - ERA s103A(3)(b) - ERA s103A(3)(c) - ERA s103A(3)(d) - ERA s103A(4) - ERA s103A(5) - ERA s128 |
| Number of Pages | 8 |
| PDF File Link: | 2013_NZERA_Christchurch_140.pdf [pdf 177 KB] |