| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2013] NZERA Christchurch 183 |
| Hearing date | 29 - 30 Apr 2013 |
| Determination date | 09 September 2013 |
| Member | C Hickey |
| Representation | P Tucker ; B Smith |
| Location | Christchurch |
| Parties | Abohay v Van Den Brink Poultry Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Applicant claimed unjustifiably disadvantaged by discrimination and racial harassment in employment and unjustifiably dismissed by respondent - Whether removal of duties and failure to promote applicant amounted to racial harassment - Whether respondent failed to respond to applicant's concerns - Applicant complained subject to aggressive attitude from co-worker - Allegation applicant kicked co-worker - Self-defence - Verbal abuse - Prior warnings - - Boner |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL: Treatment of applicant not evident of discrimination or racial harassment. Respondent not aware of any alleged racial harassment as applicant did not bring allegation to respondent's attention. No unjustified disadvantage. Respondent put on notice tension between applicant and co-worker. Inadequate arrangements for supervision in boning room. Failure to investigate alleged kicking incident. Dismissal unjustified. REMEDIES: 60 per cent contributory conduct. Respondent to pay applicant $4,447 reimbursement of lost wages. $2,400 compensation appropriate. |
| Result | Application granted (unjustified dismissal); Contributory conduct (60%); Reimbursement of lost wages ($4,447.04); Compensation for humiliation etc ($2,400); Application dismissed (unjustified disadvantage); Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103(1)(c) - ERA s103(1)(e) - ERA s103A - ERA s103A(3) - ERA s104 - ERA s105 - ERA s109 - ERA s117 - ERA s117(2) - ERA s118 - ERA s118(2) - ERA s128(2) - Human Rights Act 1993 |
| Cases Cited | Angus v Ports of Auckland Ltd (No 2) [2011] ERNZ 466;Housham v Juken New Zealand Ltd [2007] ERNZ 183;Kelly v Tranz Rail Ltd [1997] ERNZ 476;Murphy v Steel & Tube New Zealand Ltd (2007) 4 NZELR 719 |
| Number of Pages | 29 |
| PDF File Link: | 2013_NZERA_Christchurch_183.pdf [pdf 356 KB] |