| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 366 |
| Hearing date | 2 Sep 2014 |
| Determination date | 02 September 2014 |
| Member | T G Tetitaha |
| Representation | J Walpole ; C Connor |
| Location | Auckland |
| Parties | Stevenson v PJ Broughan Family Trust |
| Summary | UNJUSTIFIED DISMISSAL - Incapacity - Applicant claimed unjustifiably dismissed by respondent - Broken ankle - Unable to do 80 per cent of job - Light duties for short periods only - COSTS - Applicant sought contribution towards costs - Wharf supervisor |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Dismissal substantively justified. Respondent did not follow process set out in parties' employment agreement. Contractual or statutory process not followed. Defects not minor and resulted in unfairness. Dismissal unjustified. REMEDIES: No reimbursement of lost wages as applicant on ACC. $1,000 compensation appropriate.;COSTS - Half day investigation meeting. Actual costs $633. Respondent to pay applicant $633 contribution towards costs. |
| Result | Application granted; Compensation for humiliation etc ($1,000); Costs in favour of applicant ($633) |
| Main Category | Personal Grievance |
| Statutes | ERA s128;ERA s103A |
| Number of Pages | 7 |
| PDF File Link: | 2014_NZERA_Auckland_366.pdf [pdf 218 KB] |