| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2013] NZERA Christchurch 200 |
| Hearing date | 24 Sep 2013 |
| Determination date | 25 September 2013 |
| Member | M B Loftus |
| Representation | S Boele ; G Clarke |
| Location | Timaru |
| Parties | Turner v Burnswick Grange Partnership |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct - Applicant claimed unjustifiably dismissed by respondent – Complaints from colleagues following incidents where applicant threw shovel at colleague and kicked colleague - Verbal altercation with mechanic - Client advised respondent no longer wanted applicant on premises |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Respondent did not put issues to applicant, allow explanation or consider explanation. Respondent’s belief other client wouldn’t accept applicant on site unsubstantiated. Respondent could not take previous staff complaints into account when had ignored them at time especially given failure to allow applicant to comment. Dismissal unjustified. REMEDIES: Thirty per cent contributory conduct. Respondent to pay applicant $2,577 reimbursement of lost wages. No compensation awarded as no evidence given to support claim and applicant admitted expected dismissal. |
| Result | Application granted ; Reimbursement of lost wages ($2,577.54) ; Costs to lie where they fall |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s103A(5);ERA s124;ERA s128(2) |
| Cases Cited | The Salad Bowl Ltd v Howe-Thornley [2013] NZEmpC 152 |
| Number of Pages | 7 |
| PDF File Link: | 2013_NZERA_Christchurch_200.pdf [pdf 163 KB] |