| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2014] NZERA Christchurch 101 |
| Hearing date | 30 May 2014;2 Jul 2014 |
| Determination date | 08 July 2014 |
| Member | D Appleton |
| Representation | J Babe ; W Tao |
| Location | Christchurch |
| Parties | Green v C&T International Ltd t/a Ilam Bakery |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Poor performance - Applicant claimed unjustifiably disadvantaged by respondent's actions following dismissal letter and unjustifiably dismissed by respondent - Transfer of employment - Alleged customer complaints - Respondent relied on 'probationary period' but applicant not informed of probationary period prior to entering employment - No employment agreement - Respondent did not let applicant speak to customers - Applicant claimed respondent created hostile environment following dismissal letter |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL: Authority ordered non publication of medical information relating to applicant. Respondent conceded no fair or reasonable process followed. English not respondent's first language but this did not excuse respondent from complying with duties of good faith. Respondent should have told applicant about concerns and proposed actions. Respondent attributed cultural differences to reluctance to tell applicant about concerns but this did not override duty to comply with Act. Applicant unjustifiably disadvantaged by respondent's actions following dismissal letter. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $774 reimbursement of lost wages. $7,500 compensation appropriate. |
| Result | Applications granted; Reimbursement of lost wages ($774.34); Compensation for humiliation etc ($7,500); Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s124 |
| Cases Cited | Benge v Canterbury Language College Ltd [2012] NZERA Christchurch 232 |
| Number of Pages | 12 |
| PDF File Link: | 2014_NZERA_Christchurch_101.pdf [pdf 191 KB] |