| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2014] NZERA Wellington 89 |
| Hearing date | 5 Aug 2014 |
| Determination date | 11 September 2014 |
| Member | M Ryan |
| Representation | J Murphy ; R Upton |
| Location | Palmerston North |
| Parties | Weber v Mitre 10 Retail Ltd t/a Mitre 10 Mega Palmerston North |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL: Serious misconduct - Applicant claimed unjustifiably disadvantaged by final written warning and unjustifiably dismissed by respondent - Customer and staff complaints - Final written waning following complaint applicant shouted and harassed staff member - Applicant dismissed after customer complaint applicant coming onto" customer - Applicant suspended - Applicant sought reinstatement - Trainee supervisor" |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL: Applicant not forewarned of possible disciplinary action prior warning. Applicant unjustifiably disadvantaged by final written warning. Respondent unable to rely on procedurally defective warning. Warning void and must follow that dismissal unjustified. Respondent failed to follow up with staff member who heard applicant's interaction with complainant. Investigation not procedurally fair. Dismissal unjustified. REMEDIES: 33 per cent contributory conduct. Respondent to pay applicant $5,541 reimbursement of lost wages. $3,333 compensation appropriate. |
| Result | Applications granted; Contributory conduct (33%); Reimbursement of lost wages ($5,541); Compensation for humiliation etc ($3,333.33); Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s124;ERA s128(2);ERA s174 |
| Cases Cited | Alliance Freezing Company (Southland) Ltd v NZ Amalgamated Engineering etc IUOW (1989) ERNZ Sel Cas 575 ; [1990] 1 NZLR 533;Clarke v AFFCO NZ Ltd [2011] NZEmpC 17;Creedy v Commissioner of Police [2006] 1 ERNZ 517;Turner v Talley's Group Limited [2013] NZEmpC 31 |
| Number of Pages | 16 |
| PDF File Link: | 2014_NZERA_Wellington_89.pdf [pdf 320 KB] |