| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 32 |
| Hearing date | 13 Jan 2015 - 14 Jan 2015 (2 days) |
| Determination date | 30 January 2015 |
| Member | E Robinson |
| Representation | M Harrison ; S Wong |
| Location | Auckland |
| Parties | Wang v New Zealand Chinese Television Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious Misconduct - Incapacity - Applicant claimed unjustifiably dismissed by respondent - Sick leave - ACC - Social media - WeChat - Failure to return company property - ARREARS OF HOLIDAY PAY - Applicant sought arrears of holiday pay - Marketing manager |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Authority ordered non-publication of identity of individual involved in incident with applicant. Proposed decision to suspend applicant without consultation breach of good faith and indicated predetermination. Contents of letter proposing meeting to discuss applicant's views on whether should be dismissed further confirmation of predetermined outcome. Applicant responsive and communicative to respondent's enquiries about applicant's health and prognosis. Fair and reasonable employer would have established whether applicant received notification of allegations and provided applicant with opportunity to respond. Dismissal unjustified. REMEDIES: Applicant's posts on social media and communication with customers not in good faith. 20 per cent contributory conduct. Respondent to pay applicant reimbursement of lost wages, quantum to be determined. Holiday pay payable on lost wages. $231 compensation for loss of KiwiSaver benefit appropriate. $6,400 compensation appropriate.;ARREARS OF HOLIDAY PAY: Respondent's leave records incorrect. Respondent to pay applicant arrears of holiday pay, quantum to be determined. |
| Result | Applications granted ; Contributory conduct (20%) ; Reimbursement of lost wages (quantum to be determined) ; Compensation for loss of benefit ($231.44)(KiwiSaver) ; Compensation for humiliation etc ($6,400) ; Arrears of holiday pay (quantum to be determined) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s103A(3);ERA s124;ERA s128(2);ERA s128(3);ERA Second Schedule cl10(1);Holidays Act 2003 s16(1) |
| Cases Cited | Sefo v Sealord Shellfish Ltd [2008] ERNZ 178 (EmpC) |
| Number of Pages | 15 |
| PDF File Link: | 2015_NZERA_Auckland_32.pdf [pdf 281 KB] |