| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2014] NZERA Christchurch 100 |
| Hearing date | 23 May 2014 |
| Determination date | 04 July 2014 |
| Member | C Hickey |
| Representation | J Goldstein, C Davies ; A Roberts |
| Parties | Wylie v Robbies Hanmer Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - Applicant claimed unjustifiably disadvantaged by written warning - Whether applicant insubordinate, adjusted meal docket, did not pay staff tab and allowed customers to leave without full payment - PENALTY - Applicant sought penalty for respondent's breach of employment agreement (EA") - Assistant manager" |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISADVANTAGE: Written warning amounted to disadvantage in applicant's employment. Respondent did not follow procedural steps in EA by raising concerns, inviting applicant to meeting, giving applicant opportunity to have representation and giving applicant chance to explain. Applicant spoken to about events at time but not with knowledge that disciplinary action being considered and without representative. Decision that applicant's actions amounted to insubordination and general lack of accountability made without formal input by applicant. Lack of fair process went to very heart of fairness and impossible to find warning justified. Applicant unjustifiably disadvantaged by written warning. REMEDIES: No contributory conduct. $2,000 compensation appropriate.;PENALTY: Respondent's failure to follow process in EA due to inexperience as employer and occurred without intention to breach applicant's EA. Any penalty would be awarded for same breach that led to award of compensation. No penalty. |
| Result | Application granted (unjustified disadvantage) ; Compensation for humiliation etc ($2,000) ; Application dismissed (penalty) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA;ERA s103A;ERA s103A(3);ERA s103A(5);ERA s124;ERA s134;ERA s135 |
| Cases Cited | Tan v Yang [2014] NZEmpC 65;Xu v McIntosh [2004] 2 ERNZ 448 |
| Number of Pages | 10 |
| PDF File Link: | 2014_NZERA_Christchurch_100.pdf [pdf 186 KB] |