| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 119 |
| Hearing date | 3 - 4 Dec 2013 |
| Determination date | 02 April 2014 |
| Member | J Crichton |
| Representation | D Liu ; R Narayan |
| Location | Auckland |
| Parties | Wang v Vent Group Ltd (in liquidation) |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Serious Misconduct - Applicant claimed unjustifiably disadvantaged by suspension and unjustifiably dismissed by the respondent - Predetermination - Multiple allegations against respondent including breaches of franchising agreement, bullying and customer complaints - Whether totality of allegations amounted to serious misconduct - Chief Executive Officer |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL: No notification of possible suspension. No need for suspension as applicant had planned leave two days after meeting. Applicant's absence would have been sufficient opportunity for respondent to conduct inquiries. Previous attempt to terminate employment. Respondent director sought to build case against applicant before applicant aware of any issues. Predetermination by director and respondent resulted in unwillingness to accept applicant's view point. No proper notice of meeting or notice of allegations applicant faced. No opportunity to have support person or other usual protections available to employee confronting allegations. Fair and reasonable employer would not conclude applicant guilty of serious misconduct based on proper nature of complaints. Insufficient basis for customer complaints allegation. No inquiry into bullying by respondent and obvious unfairness to applicant. Applicant did sell extended warrantee but single error of judgment not serious misconduct. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay reimbursement of lost wages, quantum to be determined. $5,000 compensation appropriate for unjustified disadvantage. $15,000 compensation appropriate for unjustified dismissal. $3,000 compensation for loss of benefit appropriate. |
| Result | Applications granted; Reimbursement of lost wages (quantum to be determined); Compensation for humiliation etc ($5,000)(unjustified disadvantage) ($15,000)(unjustified dismissal); Compensation for loss of benefit ($3,000)(bonus); Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s124;Companies Act 1993;Fair Trading Act 1986 |
| Cases Cited | Henderson v Zendal Consumer Products Ltd [1991] 3 ERNZ 956;Wang v Vent Group Ltd [2013] NZERA Auckland 410 |
| Number of Pages | 23 |
| PDF File Link: | 2014_NZERA_Auckland_119.pdf [pdf 222 KB] |