| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2015] NZERA Wellington 44 |
| Hearing date | 26 Feb 2015 |
| Determination date | 29 April 2015 |
| Member | G J Wood |
| Representation | T Hesketh ; J Murphy |
| Location | Palmerston North |
| Parties | Milne v Palmerston North 24/7 Ltd t/a Snap Fitness NZ |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Summary dismissal – Client and staff complaints - Whether applicant’s alleged actions serious misconduct or performance issues – Gym manager |
| Abstract | AUTHORITY FOUND –UNJUSTIFIED DISMISSAL: Problems asserted by respondent largely performance issues that were potentially misconduct, but not serious misconduct. Little evidence to back up other claims of conflict of interest or breach of implied duty of fidelity. Fair and reasonable employer could not have concluded applicant committed serious misconduct. Respondent did not carry out full and fair investigation, properly raise concerns with applicant or adequately consider applicant’s explanations. Dismissal unjustified. REMEDIES: No contributory conduct. $6,000 compensation appropriate. |
| Result | Application granted ; Compensation for humiliation etc ($6,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Cases Cited | George v Auckland Council [2014] NZCA 209, [2014] ERNZ 72;Lakeland Health Ltd v Joseph [1997] ERNZ 425 (EmpC);Nimon & Sons Ltd v Buckley (2007) 4 NZELR 743 (EmpC);Northern Distribution Union v BP Oil New Zealand Ltd [1993] 3 ERNZ 483 (CA);Waugh v Commissioner of Police [2004] 1 ERNZ 450 (EmpC) |
| Number of Pages | 12 |
| PDF File Link: | 2015_NZERA_Wellington_44.pdf [pdf 186 KB] |