| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2015] NZERA Wellington 1 |
| Hearing date | 18 Nov 2014 |
| Determination date | 08 January 2015 |
| Member | G J Wood |
| Representation | G Bennett ; J Evans |
| Location | Wellington |
| Parties | Maharaj v Recon Professional Services Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant claimed unjustifiably dismissed by respondent - Abusive, threatening and offensive behaviour and language - Whether language banter - Alleged bias and predetermination |
| Abstract | AUTHORITY FOUND -UNJUSTIFIED DISMISSAL: Accepted applicant's evidence that applicant wound up by supervisor and gave as good as he got". Insufficient information provided to applicant in order for applicant to respond. Respondent did not predetermine outcome and was not biased but did not properly involve applicant in disciplinary process. Dismissal unjustified. REMEDIES: 50 per cent contributory conduct. Respondent to pay applicant $3,770 reimbursement of lost wages. $2,500 compensation appropriate." |
| Result | Application granted; Contributory conduct (50%); Reimbursement of lost wages ($3,770); Compensation for humiliation etc ($2,500); Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A)(c)(i);ERA s103A |
| Cases Cited | Angus v Ports of Auckland Ltd (No 2) [2011] ERNZ 466;Grace Team Accounting Ltd v Brake [2014] NZCA 541;Maharaj v Recon Professional Services Ltd [2014] NZEmpC 114 |
| Number of Pages | 13 |
| PDF File Link: | 2015_NZERA_Wellington_1.pdf [pdf 203 KB] |