| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2014] NZERA Wellington 40 |
| Hearing date | 25 Mar 2014 |
| Determination date | 24 April 2014 |
| Member | G J Wood |
| Representation | B Paradza ; N Anderson |
| Location | Wellington |
| Parties | Fraser v The Good Guys Group Ltd |
| Summary | DURESS - Whether applicant subjected to duress in employment - Applicant acted as son's representative during disciplinary meeting - UNJUSTIFIED DISMISSAL - Serous Misconduct - Applicant claimed unjustifiably dismissed by respondent - Argument with member of public - Swearing - Pejorative and demeaning comments about management - ARREARS OF WAGES - Applicant sought arrears of wages - Whether applicant not paid commission correctly and not paid for additional hours worked above hours provided for in employment agreement - Territory manager |
| Abstract | AUTHORITY FOUND -;DURESS: Respondent threatened or imposed disadvantage on applicant by making applicant's job less secure by threatening job with intent to induce applicant not to act or cease to act on behalf of son. Applicant subjected to duress in employment. REMEDIES: No contributory conduct. $7,500 compensation appropriate.;UNJUSTIFIED DISMISSAL: Respondent's decision to dismiss not influenced by applicant's decision to represent son in disciplinary proceedings. Applicant not provided with full opportunity to respond to performance concerns during meeting but applicant not dismissed because of performance concerns. Sufficient investigation into misconduct allegations given respondent's resources and not unfair to follow performance review with disciplinary meeting although not good business practice. Applicant given reasonable opportunity to respond to particular claims of serious misconduct and applicant's explanations considered genuinely. No predetermination. Applicant used intemperate language to member of public and comments about other staff could be categorised as harassing or discriminating behaviour. Applicant's behaviour during meeting quite unacceptable and basically established respondent's concerns. Dismissal justified.;ARREARS OF WAGES: Applicant paid commission in terms of employment agreement. Applicant worked additional hours but had no obligation to do so. No arrears of wages. |
| Result | Application granted (duress) ; Compensation for humiliation etc ($7,500) ; Applications dismissed (unjustified dismissal)(arrears of wages) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA;ERA s122;Interpretation Act 1999 s33 |
| Number of Pages | 11 |
| PDF File Link: | 2014_NZERA_Wellington_40.pdf [pdf 186 KB] |