| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2014] NZERA Christchurch 213 |
| Hearing date | 16 Sep 2014 |
| Determination date | 19 December 2014 |
| Member | M B Loftus |
| Representation | L Acland ; M Hardy-Jones |
| Location | Nelson |
| Parties | Rangitakatu v Cloudy Bay Seafood Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant claimed unjustifiably disadvantaged by warning and unjustifiably dismissed by respondent - Allegations of bullying, intimidation and aggressive behaviour - Yelling and swearing in workplace - Alleged verbal abuse - Applicant sought reinstatement - Production manager |
| Abstract | AUTHORITY FOUND -UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL: Little evidence respondent enquired into complainant's behaviour. Evidence suggesting both applicant and complainant perhaps behaved inappropriately. Respondent accepted workplace factory environment and inappropriate language commonplace. Applicant's alleged behaviour not inconsistent with local practice. No evidence applicant actually threatened complainant or exhibited willingness to use physical aggression. Deficient inquiry. Applicant unjustifiably disadvantaged by suspension. Dismissal unjustified. REMEDIES: No contributory conduct. Reinstatement practicable and reasonable. Respondent to pay applicant $7,263 reimbursement of lost wages. $5,000 compensation appropriate. $6,000 compensation for loss of benefit appropriate. |
| Result | Application granted; Reimbursement of lost wages ($7,263.50); Compensation for humiliation etc ($5,000); Compensation for loss of benefit ($6,000)(bonus); Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s124;ERA s125 |
| Cases Cited | Sefo v Sealord Shellfish Ltd [2008] ERNZ 178 |
| Number of Pages | 12 |
| PDF File Link: | 2014_NZERA_Christchurch_213.pdf [pdf 177 KB] |