| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 525 |
| Hearing date | 16 Jul 2013 |
| Determination date | 15 November 2013 |
| Member | K J Anderson |
| Representation | S Austin ; M Insley |
| Location | Whakatane |
| Parties | Collier v Tama Rakau Logging Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Dismissal - Applicant claimed unjustifiably dismissed by respondent – Applicant dismissed after sent respondent text message would not be at work – Respondent did not immediately receive message as out of cell phone range - Claim applicant’s numerous absences affected company performance and production targets - Log spotter |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Applicant aware continuing absences would have serious consequences regarding employment. Applicant’s absences had potential to compromise company production and possibly safety of team. Respondent did not give applicant reasonable opportunity to respond to concerns before dismissal. Respondent gave little or no consideration to applicant’s explanation and brought termination of employment forward after applicant obtained representation. Dismissal unjustified. REMEDIES: 30 per cent contributory conduct. $2,800 compensation appropriate. |
| Result | Application granted ; Contributory conduct (30%) ; Compensation for humiliation etc ($2,800) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA;ERA s103A(2);ERA s103A(3);ERA s124 |
| Number of Pages | 8 |
| PDF File Link: | 2013_NZERA_Auckland_525.pdf [pdf 150 KB] |