| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2014] NZERA Christchurch 170 |
| Determination date | 31 October 2014 |
| Member | H Doyle |
| Representation | G Lloyd ; P Zwart |
| Parties | Peters v General Cable New Zealand Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably disadvantaged by suspension and unjustifiably dismissed by respondent – Parties conferred power on Authority to make recommendation under s 173A Employment Relations Act 2000 – Applicant’s clothes caught in machine – Fractured rib – Injury – Cable maker / machine operator |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL: Suspension substantively justified but procedurally unfair given respondent’s failure to consult applicant. Authority recommended applicant unjustifiably disadvantaged by suspension. Applicant had no opportunity to comment on certain health and safety reports about incident before dismissal. Applicant’s actions unsafe and had serious consequence but action leading to incident not wilful or deliberate breach of procedures and policies. Failure to follow standard operating procedures listed as example of misconduct rather than serious misconduct. Respondent failed to consider other disciplinary outcomes. No reference in dismissal letter to reliance being placed on earlier warning for unrelated conduct. Authority recommended dismissal unjustified. RECOMMENDED REMEDIES: 33 per cent contributory conduct. Authority recommended respondent pay applicant $2,747 reimbursement of lost wages. Authority recommended $6,700 compensation appropriate. Authority noted recommendation now final and determination of Authority. |
| Result | Application granted ; Contributory conduct (33%) ; Reimbursement of lost wages ($2,747) ; Compensation for humiliation etc ($6,700) ; Costs to lie where they fall |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s173A;ERA s173A(4);ERA s173A(5) |
| Number of Pages | 5 |
| PDF File Link: | 2014_NZERA_Christchurch_170.pdf [pdf 159 KB] |