| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 165 |
| Hearing date | 16 Apr 2015 |
| Determination date | 10 June 2015 |
| Member | J Crichton |
| Representation | R Ingram ; M McLeod (in person) |
| Location | Manukau |
| Parties | Baker v McLeod t/a Kids Count Early Childhood Education Centres |
| Summary | UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed by respondent - Whether oral disciplinary warning for failure to attend professional development sessions correctly administered – Whether respondent dismissed applicant by telling applicant not to come back – Van driver |
| Abstract | AUTHORITY FOUND –UNJUSTIFIED DISMISSAL: Fair and reasonable employer could conclude failure to attend professional development session only ordinary misconduct at most. Warning worded more as written warning than written confirmation of verbal warning. Authority considered oral warning probably not unjustified disadvantage. Reasonable, impartial third party could consider that respondent’s words in sending applicant away constituted dismissal, although respondent may not have intended that and person involved did not have power to dismiss applicant. Respondent had opportunity to clarify words later that day and when applicant raised personal grievance, but did not do so. Applicant entitled to conclude had been summarily dismissed. Applicant dismissed. Dismissal unjustified. REMEDIES: 50 per cent contributory conduct. Respondent to pay applicant $4,680 reimbursement of lost wages. $1,250 compensation appropriate. |
| Result | Application granted ; Contributory conduct (50%) ; Reimbursement of lost wages ($4,680) ; Compensation for humiliation etc ($1,250) ; Disbursements in favour of applicant ($71.56)(filing fee) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s124 |
| Number of Pages | 9 |
| PDF File Link: | 2015_NZERA_Auckland_165.pdf [pdf 161 KB] |