| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 151 |
| Hearing date | 21 May 2015 - 22 May 2015 (2 days) |
| Determination date | 26 May 2015 |
| Member | R Arthur |
| Representation | Z Chen ; D Liu |
| Location | Auckland |
| Parties | Zhang v GL Futures Development Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Disparate treatment - PENALTY – GOOD FAITH – Applicant sought penalty for respondent’s breach of good faith by failing to provide all relevant information - Customer Centre Operator |
| Abstract | AUTHORITY FOUND –UNJUSTIFIED DISMISSAL: Applicant treated differently to other employees facing similar allegations of bad customer service and late return from breaks. Applicant effectively punished for asking for information about allegations. Applicant not advised of potential outcomes by respondent, so no opportunity to seek advice and support. Respondent failed to give applicant all relevant information so applicant could not comment. Applicant’s right to be heard breached as decision-makers based in Hong Kong and applicant did not get opportunity to be heard by decision-makers. Applicant not told of all reasons for dismissal or given opportunity to improve performance. Fair and reasonable employer could not have concluded applicant committed serious misconduct. Dismissal unjustified. REMEDIES: 10 per cent contributory conduct. Respondent to pay applicant $8,294 reimbursement of lost wages. $9,000 compensation appropriate.PENALTY – GOOD FAITH: Respondent’s breach of good faith not deliberate or reckless. Remedies already awarded for breach. No penalty. |
| Result | Application granted (unjustified dismissal) ; Contributory conduct (10%) ; Reimbursement of lost wages ($8294.40) ; Compensation for humiliation etc ($9,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A);ERA s103A;ERA s124 |
| Cases Cited | Allen v TransPacific Industries Group Ltd (t/a Media Smart Ltd) (2009) 6 NZELR 530 (EmpC);Chief Executive of the Department of Inland Revenue v Buchanan [2005] ERNZ 767 (CA);George v Auckland Council [2013] NZEmpC 179, [2013] ERNZ 675;Hall v Dionex Pty Ltd [2015] NZEmpC 29;Irvine Freightlines Ltd v Cross [1993] 1 ERNZ 424 (EmpC);PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 (EmpC);Quinn v BNZ [1991] 1 ERNZ 1060;Telecom New Zealand Ltd v Nutter [2004] 1 ERNZ 315 (CA) ;;Trotter v Telecom Corporation of New Zealand Ltd [1993] 2 ERNZ 659 (EmpC);Xu v McIntosh [2004] 2 ERNZ 448 (EmpC) |
| Number of Pages | 18 |
| PDF File Link: | 2015_NZERA_Auckland_151.pdf [pdf 294 KB] |