| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2015] NZERA Wellington 45 |
| Hearing date | 27 Nov 2014 |
| Determination date | 30 April 2015 |
| Member | Trish MacKinnon |
| Representation | G Paine ; R Harrison |
| Location | Napier |
| Parties | Moses v Orora Packaging New Zealand Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Misuse of leave procedures - Applicant claimed dismissal unjustified – Dismissal unjustified – Depot Manager |
| Abstract | AUTHORITY FOUND –UNJUSTIFIED DISMISSAL: Respondent considered applicant abused leave allocations and mislead respondent as to due date of baby. Respondent dismissed applicant summarily. Respondent failed to notify applicant of concerns or allow him to explain. Dismissal unjustifiable. REMEDIES: 40% contributory conduct. Respondent to pay applicant $10,825.51 reimbursement of lost wages. $4,500 compensation appropriate. |
| Result | Application granted ; Reimbursement of lost wages ($10,825.51) ; Compensation for humiliation etc ($4,500) ; Costs reserved. |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s103A(3);ERA s103A(5);ERA s128 |
| Number of Pages | 12 |
| PDF File Link: | 2015_NZERA_Wellington_45.pdf [pdf 177 KB] |