| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2015] NZERA Wellington 13 |
| Hearing date | 14 Jan 2015 |
| Determination date | 10 February 2015 |
| Member | P R Stapp |
| Representation | J Greally ; P May |
| Location | Wellington |
| Parties | Paul v Stonecold Distributors Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Serious Misconduct - Applicant claimed unjustifiably disadvantaged by suspension and unjustifiably dismissed by respondent - Whether applicant sexually harassed respondent's customer - Driver |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL: No documents to support occurrence of suspension. Applicant given time to prepare for disciplinary meeting. Alleged suspension more relevant as background to unjustified dismissal claim. Respondent considered allegations about applicant not put to applicant. Applicant not advised of concern that actions may have damaged reputation of business and brought respondent into disrepute until final meeting. Fair and reasonable employer could not have concluded something must have happened without making particular finding about what did happen. Fair and reasonable employer should have explored ways to verify complaint more thoroughly, especially given seriousness of allegation. No genuine consideration of applicant's reply. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $11,290 reimbursement of lost wages. $8,000 compensation appropriate. |
| Result | Application granted ; Reimbursement of lost wages ($11,290.67) ; Compensation for humiliation etc ($8,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA;ERA s103A;ERA s103A(3);ERA s124 |
| Cases Cited | Honda New Zealand Ltd v New Zealand Boilermakers' etc, Union [1991] 1 NZLR 392 (CA) |
| Number of Pages | 11 |
| PDF File Link: | 2015_NZERA_Wellington_13.pdf [pdf 189 KB] |