| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2014] NZERA Wellington 53 |
| Hearing date | 23-24 Apr 2014 |
| Determination date | 28 May 2014 |
| Member | P R Stapp |
| Representation | J Bates ; G Tayler |
| Location | Napier |
| Parties | Barrow v Lodge Equestrian Leather and Canvas Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Dismissal - Applicant claimed unjustifiably dismissed by respondent - Whether applicant dismissed or resigned - Whether applicant suspended - Respondent hired private investigator to install CTV cameras - Alleged misappropriation of property and theft - Co-worker alleged sexual harassment in workplace - Applicant's partner told respondent applicant would not be returning to environment involving sexual harassment and would not attend meeting - Change of meeting date without notification and dismissal considered appropriate action - ARREARS OF WAGES - Applicant sought arrears of wages - Applicant not paid for two days applicant absent following allegations of theft and misappropriation - Administration manager and duty manager |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: No express suspension. No clear indication that applicant's partner acting as applicant's representative. Fair and reasonable employer would have looked beyond partner's behaviour and sought confirmation from applicant. Applicant had not waived rights to any further information by indicating non attendance at meeting. Fair and reasonable employer could have advised prospect of decision being made in applicant's absence. Respondent's investigation incomplete. Applicant dismissed. Dismissal unjustified. REMEDIES: 20 per cent contributory conduct. Respondent to pay applicant $3,264 reimbursement of lost wages. $6,400 compensation appropriate.;ARREARS OF WAGES: Respondent accepted applicant owed wages. By consent respondent to pay applicant $244 arrears of wages. |
| Result | Applications granted; Contributory conduct (20%); Reimbursement of lost wages ($6,364.80); Compensation for humiliation etc ($6,400); Arrears of wages ($244.80); Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 11 |
| PDF File Link: | 2014_NZERA_Wellington_53.pdf [pdf 187 KB] |