| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2015] NZERA Christchurch 14 |
| Hearing date | 26 Nov 2014 |
| Determination date | 09 February 2015 |
| Member | Christine Hickey |
| Representation | J Stringer ; L Griffith |
| Location | Christchurch |
| Parties | Somerville v LDK Investments Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Dismissal - Applicant claimed unjustifiably dismissed by respondent - Whether applicant dishonest during job interview when asked how epilepsy would affect work - Whether pre-employment misrepresentation - Health and safety - ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought arrears of wages and holiday pay - Administrator |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Applicant did not lie or mislead respondent when asked during interview how epilepsy would affect applicant's work. Applicant unable to predict when seizures might occur despite being on appropriate medication. Applicant did not misrepresent state of health. No lesser standard for employers who employ people with health issues or disabilities. Applicant not notified of allegations about quality or accuracy of work until meeting at which applicant dismissed. No investigation as to who made errors. No investigation into how epilepsy affected applicant's ability to do job, if at all. No opportunity for applicant to be represented at final meeting held when respondent knew applicant impaired after seizure previous day. Applicant not given opportunity to remedy acknowledged errors. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $576 reimbursement of lost wages. $11,000 compensation appropriate.;ARREARS OF WAGES AND HOLIDAY PAY: Applicant entitled to be paid in lieu of notice. Respondent to pay applicant $720 arrears of wages and $57 arrears of holiday pay. |
| Result | Applications granted ; Reimbursement of lost wages ($576) ; Compensation for humiliation etc ($11,000) ; Arrears of wages ($720) ; Arrears of holiday pay ($57.60) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s124;ERA s128(2) |
| Number of Pages | 9 |
| PDF File Link: | 2015_NZERA_Christchurch_14.pdf [pdf 176 KB] |