| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 105 |
| Hearing date | 14 Mar 2014 |
| Determination date | 24 March 2014 |
| Member | E Robinson |
| Representation | S Beacham ; J and P Ottaway |
| Location | Auckland |
| Parties | Simpson v DDS (2006) Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Serious Misconduct - Applicant claimed unjustifiably disadvantaged by suspension and unjustifiably dismissed by respondent - Complaint applicant made lurid comments" and "wolf-whistled" at member of public - Applicant denied behaviour and claimed waving at co-workers - PENALTY - Authority considered whether respondent failed to provide correct employment agreement ("EA") and whether penalty appropriate - Labourer" |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL: Applicant suspended before investigation. Applicant not advised of information provided by other witnesses. Respondent failed to provide complainant with applicant's explanation. respondent accepted evidence of complainant over evidence of applicant. No opportunity to respond and no consideration of alternative options or applicants previous good performance. Applicant unjustifiably disadvantaged by suspension. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $1,650 reimbursement of lost wages. $5,000 compensation appropriate.;PENALTY: Issuing of 3 month trial contract" and issuing of EA subsequently did not accord with requirements of Act. Failure did not result in disadvantage. No penalty. Authority recommended respondent take legal advice concerning issuing of EAs." |
| Result | Applications granted; (unjustified disadvantage - unjustified dismissal); Reimbursement of lost wages ($1,650); Compensation for humiliation etc ($5,000); Application dismissed (penalty); Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s65;ERA s103(1)(b);ERA s103A(3);ERA s103A(5);ERA s124;ERA s128(2) |
| Cases Cited | Birss v Secretary for Justice [1984] 1 NZLR 513;Tawhiwhirangi v Attorney-General in respect of Chief Executive, Department of Justice [1993] 2 ERNZ 546 |
| Number of Pages | 12 |
| PDF File Link: | 2014_NZERA_Auckland_105.pdf [pdf 205 KB] |