| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 341 |
| Hearing date | 18 Aug 2014 |
| Determination date | 19 August 2014 |
| Member | R Larmer |
| Representation | R Samuels ; D Lendich |
| Location | Auckland |
| Parties | Paton v Lendich Construction Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious Misconduct - Applicant claimed unjustifiably dismissed by respondent - Whether applicant smoking with one hand while removing items from conveyor belt with other hand and shaking while standing on concrete crusher platform - Whether applicant pushed, assaulted and abused by respondent's director (L") - Applicant's hard hat knocked off - Whether applicant had two previous verbal warnings for health and safety breaches - ARREARS OF WAGES - Applicant sought arrears of wages - Truck driver" |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Applicant had no opportunity to address respondent's concerns in absence of any information. Respondent did not comply with good faith obligations. No disciplinary process or explanation given to applicant regarding reasons for dismissal. No warnings received by applicant prior to dismissal. Incidents relating to alleged warnings occurred during previous period of casual employment and previous alleged safety concerns irrelevant to dismissal. Applicant's actions on day of dismissal did not amount to serious breaches of health and safety. L's actions unnecessarily aggressive and confrontational in response to perceived safety concerns. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $2,630 reimbursement of lost wages. $4,000 compensation appropriate.;ARREARS OF WAGES: Respondent to pay applicant $349 arrears of wages. |
| Result | Applications granted ; Reimbursement of lost wages ($2,630) ; Compensation for humiliation etc ($4,000) ; Arrears of wages ($349.06) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A);ERA s103A;ERA s103A(2);ERA s103A(3);ERA s124;ERA s128(2) |
| Number of Pages | 10 |
| PDF File Link: | 2014_NZERA_Auckland_341.pdf [pdf 226 KB] |