| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2014] NZERA Wellington 123 |
| Determination date | 04 December 2014 |
| Member | M Ryan |
| Representation | C Rieger ; D Falconer |
| Location | Wellington |
| Parties | Wratt v J&D McLennan Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Failure to notify respondent of absence before work due to commence – Final written warnings – Absenteeism – Metal worker |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Applicant did not notify respondent would not be attending work before start time. Open to respondent to consider substantive grounds existed to dismiss applicant. Respondent’s manager made phone call to applicant as consequence of management’s decision to meet with applicant and obtain response. Dismissal not predetermined. Offer to meet applicant followed immediately by statement that meeting may be ‘pointless exercise’ could not be characterised as providing applicant with opportunity to respond to respondent’s concerns. Failure to provide applicant with opportunity to respond resulted in applicant being treated unfairly. Dismissal unjustified. REMEDIES: 75 per cent contributory conduct. $1,250 compensation appropriate. |
| Result | Application granted ; Contributory conduct (75%) ; Compensation for humiliation etc ($1,250) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA;ERA s103A(2);ERA s103A(3);ERA s103A(3)(c);ERA s124;ERA s128(2) |
| Cases Cited | Allen v Transpacific Industries Group Ltd (t/as Medismart Ltd) (2009) 6 NZELR 530;Angus v Ports of Auckland Ltd (No 2) [2011] ERNZ 466;John v Rees [1970] 1 Ch 345;Harris v The Warehouse Ltd [2014] NZEmpC 188;Radius Residential Care Ltd v McLeay [2010] ERNZ 371;X v Auckland District Health Board [2007] ERNZ 66 |
| Number of Pages | 13 |
| PDF File Link: | 2014_NZERA_Wellington_123.pdf [pdf 295 KB] |