| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 197 |
| Hearing date | 21 Feb 2014 |
| Determination date | 19 May 2014 |
| Member | R Arthur |
| Representation | G Bennett ; D Munro |
| Parties | Frost v Mr Chips Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant claimed unjustifiably disadvantaged by respondent's failure to follow disciplinary procedure and unjustifiably dismissed by respondent - Applicant issued warning during performance review - Applicant said notice of disciplinary meeting required - Respondent said decision would not change - Applicant went on sick leave and threatened resignation if not solved in mediation - Matter not resolved through mediation |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL: Applicant not advised disciplinary nature of meeting. Process inconsistent with respondent's disciplinary procedure. Respondent not open-minded or respectful of applicant's rights in disciplinary context. Premature decision breach of company policy that left applicant with doubt a fair procedure would be followed in dealing with performance issues. Applicant unjustifiably disadvantaged by respondent's failure to follow disciplinary procedure. Respondents actions rather than applicant's response caused end of employment. Applicant constructively dismissed. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant reimbursement of lost wages, quantum to be determined. $4,000 compensation appropriate. |
| Result | Application granted; Reimbursement of lost wages (quantum to be determined); Compensation for humiliation etc ($4,000); Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s124;ERA s174 |
| Cases Cited | Allen v Transpacific Industries Group Ltd (t/a “Medismart Ltd”) (2009) 6 NZELR 530;Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW Inc [1994] 1 ERNZ 168 ; [1994] 2 NZLR 415;Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd (1985) ERNZ Sel Cas 136 ; [1985] 2 NZLR 372;Harrod v DMG World Media (NZ) Ltd [2002] 2 ERNZ 410;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808;Trotter v Telecom Corporation of NZ Ltd [1993] 2 ERNZ 659;Wellington, Taranaki and Marlborough Clerical etc IUOW v Greenwich (t/a Greenwich and Associates Employment Agency and Complete Fitness Centre) (1983) ERNZ Sel Cas 95 |
| Number of Pages | 10 |
| PDF File Link: | 2014_NZERA_Auckland_197.pdf [pdf 319 KB] |