| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2014] NZERA Christchurch 35 |
| Hearing date | 29 Jan 2014 |
| Determination date | 26 February 2014 |
| Member | H Doyle |
| Representation | B Nevell ; N Bates |
| Location | Dunedin |
| Parties | Stephens v Meja Ltd previously known as The Fish N Chip Shop (Palmerston) Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably disadvantaged by two written warnings and unjustifiably dismissed by respondent – Whether applicant late, used cell phone at work and swore – Whether issues around cleaning, smoking at work and need to pay for food and drink at time of order – Whether second letter constituted warning – Whether applicant dismissed because of shortfall in till – Shop assistant |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL: Second letter written warning as referred to issues respondent unhappy with and included clear and unequivocal warning possibility of dismissal if nothing changed. No process at all before applicant issued with warnings. Concerns with applicant’s lateness and cell phone use could have justified warning but no opportunity for applicant to respond. Unclear whether applicant’s conduct continued before second warning issued. Applicant unjustifiably disadvantaged by two written warnings. No reason given for dismissal at time and applicant assumed was dismissed for taking money rather than because of lateness and attitude. No proper process before applicant dismissed. Fair and reasonable employer could have arranged meeting at later date after air had cooled following earlier discussion. Fair and reasonable employer could have been expected to take into account applicant’s belief blamed for missing money in till when assessing applicant’s attitude and comment on day of dismissal. Dismissal unjustified. REMEDIES: 20 per cent contributory conduct. Respondent to pay applicant $4,080 reimbursement of lost wages. $6,400 compensation appropriate. $217 compensation for loss of KiwiSaver benefit appropriate. Leave reserved for parties to return to Authority if unable to reach agreement on loss of member tax credit. |
| Result | Applications granted ; Contributory conduct (20%) ; Reimbursement of lost wages ($4,080) ; Compensation for humiliation etc ($6,400) ; Compensation for loss of benefit ($217.90)(KiwiSaver) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s128(3) |
| Number of Pages | 13 |
| PDF File Link: | 2014_NZERA_Christchurch_35.pdf [pdf 260 KB] |