| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 195 |
| Hearing date | 27 Mar 2014 |
| Determination date | 19 May 2014 |
| Member | K J Anderson |
| Representation | S Houliston ; J Farquhar, C Baldwin |
| Location | Auckland |
| Parties | Hargreaves v Haven Insurance Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Dismissal - Applicant claimed unjustifiably dismissed by respondent - Applicant dismissed after refusal to perform cold calling and work night shifts - Applicant claimed respondent miscommunicated role - Whether applicant informed employment at risk - Operations manager |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Respondent did not inform applicant employment in jeopardy. Applicant not given reasonable opportunity to respond to concerns before employment terminated. Respondent should have directed applicant to employment agreement requiring additional duties be performed. Significant deficiency in attempts to rectify situation. Employment agreement required respondent to provide guidance, feedback and any necessary support. Dismissal unjustified. REMEDIES: Unspecified contributory conduct. Respondent to pay applicant $2,5000 reimbursement of lost wages. $5,000 compensation appropriate. |
| Result | Application granted; Contributory conduct (unspecified); Reimbursement of lost wages ($2,500); Compensation for humiliation etc ($5,000); Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s103A(2);ERA s103A(3);ERA s124;ERA s128 |
| Cases Cited | Trotter v Telecom Corporation of NZ Ltd [1993] 2 ERNZ 659 |
| Number of Pages | 14 |
| PDF File Link: | 2014_NZERA_Auckland_195.pdf [pdf 258 KB] |