| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2014] NZERA Wellington 133 |
| Hearing date | 2 Dec 2014 |
| Determination date | 19 December 2014 |
| Member | P R Stapp |
| Representation | G Lloyd ; S Fraser |
| Location | Wellington |
| Parties | Clode v New Zealand Post Limited |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant claimed unjustifiably dismissed by respondent - Applicant dismissed after failing to deliver 29 circulars - Previous warning for non-delivery of mail - Applicant sought reinstatement - Postie |
| Abstract | AUTHORITY FOUND -UNJUSTIFIED DISMISSAL: No evidence from respondent applicant had seen notice of delivery rules. Applicant genuinely believed he had five days to deliver circulars. Respondent not able to justify decision to dismiss applicant on grounds of serious misconduct. Respondent did not fully investigate matter. Dismissal unjustified. REMEDIES: Reinstatement practicable and reasonable. 10 per cent contributory conduct. Respondent to pay applicant $9,327 reimbursement of lost wages. $4,500 compensation appropriate. |
| Result | Application granted; Reinstatement ordered; Contributory conduct (10%); Reimbursement of lost wages ($9,327.82); Compensation for humiliation etc ($4,500); Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s103A(3) |
| Cases Cited | Angus v Ports of Auckland Ltd (No 2) [2011] ERNZ 466;Harris v Warehouse [2014] NZEmpC 188 |
| Number of Pages | 10 |
| PDF File Link: | 2014_NZERA_Wellington_133.pdf [pdf 186 KB] |