| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 389 |
| Hearing date | 26 Jul 2013 - 1 Aug 2013 (2 days) |
| Determination date | 30 August 2013 |
| Member | R Larmer |
| Representation | D Law ; D Smyth |
| Location | Auckland |
| Parties | Rawson v Kiwiana Trading Company Ltd t/a Camelot Arms Motor Lodge |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Dismissal - Applicant claimed unjustifiably disadvantaged by respondent reducing applicant's hours and criticising applicant's work. Applicant claimed unjustifiably dismissed by respondent - Applicant told to take day off work - Applicant swore at end of telephone conversation - Applicant claimed not directed at respondent but respondent claimed unacceptable abuse - Applicant frustrated - Respondent refused to allow applicant to sign in" following day and told applicant "get out" and swore at applicant - Respondent's view towards applicant hostile - Whether applicant dismissed - PENALTY - Whether appropriate to order penalty for respondent's failure to provide applicant written statement of reasons for dismissal - Cleaner" |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL: Conflicting evidence. Factual and credibility assessment required. Applicant's evidence preferred. Respondent did not reduce hours but changed hours to different day. Applicant frustrated by late notice and by criticism but not disadvantaged in employment. No unjustified disadvantage. Respondent did not have to specifically say applicant fired or terminated or dismissed. No evidence of resignation. Applicant's employment ended at initiative of respondent. No justification for dismissal. No procedural fairness. Respondent breached obligation of good faith. Respondent not fair and reasonable to dismiss applicant. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $5,687 reimbursement of lost wages. Threat of police complaint and respondent's attempt to denigrate applicant compounded applicant's distress. $9,000 compensation appropriate.;PENALTY - Respondent breached Employment Relations Act 2000 by not providing reason for dismissal. Applicant did not address penalty in submissions. No penalty. |
| Result | Applications partially granted; Reimbursement of lost wages ($5,687.50); Compensation for humiliation etc ($9,000); Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1)(a) - ERA s103A - ERA s103A(3) - ERA s120 - ERA s128(2) - ERA s174 - ERA s174(b) |
| Number of Pages | 16 |
| PDF File Link: | 2013_NZERA_Auckland_389.pdf [pdf 260 KB] |