| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2015] NZERA Wellington 2 |
| Hearing date | 26 Nov 2014 |
| Determination date | 12 January 2015 |
| Member | P R Stapp |
| Representation | N Bradley ; R Broughton |
| Location | New Plymouth |
| Parties | Wallis v The Management Committee and Whanau of Te Kohanga Reo O Ngatiki |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Constructive Dismissal - Applicant claimed unjustifiably disadvantaged by process followed by respondent in relation to complaints and allegation of drug use, and request for applicant to undertake drug test - Applicant claimed unjustifiably dismissed by respondent - Probationary period - COSTS - Applicant sought contribution towards costs - Applicant legally aided - Kaiawhina |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL: Respondent's charter required investigation to be separate from decision. Manager (N") was applicant's accuser and did not conduct thorough investigation into whether applicant 'stoned' at work. N involved too personally and should have stepped aside from investigation. Applicant had no opportunity to comment before options decided. Applicant unjustifiably disadvantaged by process followed in relation to complaints and allegation of drug use. Respondent had reasonable grounds to ask for drug test to be undertaken based on N's observations of applicant. Applicant not unjustifiably disadvantaged by request for drug test. No linkage between letter of dismissal prepared for end of probationary period and allegation of applicant being under influence of drugs at work. Respondent's actions did not have dominant purpose of coercing applicant to resign. Breaches of applicant's employment agreement not serious enough to make applicant's resignation reasonably foreseeable. No constructive dismissal. REMEDIES: No contributory conduct. $2,000 compensation appropriate.;COSTS: Less than one day investigation meeting. Respondent to pay applicant $1,250 contribution towards costs." |
| Result | Application granted (unjustified disadvantage) ; Compensation for humiliation etc ($2,000) ; Application dismissed (unjustified dismissal) ; Costs in favour of applicant ($1,250) ; Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Personal Grievance |
| Number of Pages | 10 |
| PDF File Link: | 2015_NZERA_Wellington_2.pdf [pdf 179 KB] |