| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 470 |
| Hearing date | 14 Nov 2014 |
| Determination date | 17 November 2014 |
| Member | TG Tetitaha |
| Representation | S E Greening ; H Patel |
| Location | Auckland |
| Parties | Knight v Printek Supplies Ltd t/a Datatek Pacific |
| Summary | UNJUSTIFIED DISMISSAL - Serious Misconduct - Applicant claimed unjustifiably dismissed by respondent - Excessive internet usage - Whether applicant entitled to compensation for loss of benefit of paid parental leave - Account manager |
| Abstract | AUTHORITY FOUND -UNJUSTIFIED DISMISSAL: No policy about internet use. Applicant's job involved heavy internet use. Evidence about Facebook usage inconclusive. Conduct not misconduct for which dismissal appropriate. Dismissal immediate and abrupt. Dismissal unjustified. REMEDIES: No contributory conduct. No reimbursement of lost wages as applicant failed to mitigate loss. $5,000 compensation appropriate. No compensation for loss of benefit as applicant did not meet criteria for paid parental leave. |
| Result | Application granted; Compensation for humiliation etc ($5,000); Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A(2);ERA s103A(3);ERA s103A(5);ERA s124;ERA s128;ERA s128(1);Parental Leave and Employment Protection Act 1987;Parental Leave and Employment Protection Act 1987 s7;Parental Leave and Employment Protection Act 1987 s31;Parental Leave and Employment Protection Act 1987 s31(1);Parental Leave and Employment Protection Act 1987 s35;Parental Leave and Employment Protection Act 1987 s35(1)(a);Parental Leave and Employment Protection Act 1987 s35(1)(b) |
| 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;Finau v Carter Holt Building Supplies [1993] 2 ERNZ 971;New Zealand Institute of Fashion Technology v Aitken [2004] 2 ERNZ 340 |
| Number of Pages | 9 |
| PDF File Link: | 2014_NZERA_Auckland_470.pdf [pdf 175 KB] |