| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 167 |
| Hearing date | 11 Jun 2015 |
| Determination date | 12 June 2015 |
| Member | R Larmer |
| Representation | G Jackett ; R Hedley |
| Location | Auckland |
| Parties | Biddick v Bulk Lines Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant claimed unjustifiably dismissed by respondent - Applicant complained about safety of vehicle – Whether applicant abusive, threatening or disruptive – Suspension - Truck driver – Less than one day investigation meeting – Applicant sought contribution towards costs – Authority found appropriate to apply notional daily tariff - Respondent to pay applicant $2,000 contribution towards costs |
| Abstract | AUTHORITY FOUND –UNJUSTIFIED DISMISSAL : Respondent dismissed applicant after he complained about health and safety. Respondent claimed that applicant became abusive and threatening. Respondent breached good faith obligations by failing to provide applicant with relevant information and opportunity to comment. Respondent failed to take notes of relevant information. Respondent failed to raise concerns with applicant. Respondent appeared to pre-determine outcome. Fair and reasonable employer would not have disciplined applicant before investigating claims. Fair and reasonable employer would have complied with minimum fairness and good faith requirements. Fair and reasonable employer would not have found applicant had committed serious misconduct. Dismissal unjustified. REMEDIES : No contributory conduct. Respondent to pay applicant $10,030 reimbursement of lost wages. $4,000 compensation appropriate. |
| Result | Result: Application granted ; Reimbursement of lost wages ($10,030) ; Compensation for humiliation ($1,500) ; Respondent to pay applicant costs ($2,000) ; Disbursements in favour of respondent ($71.56)(filing fees) |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A);ERA s103A;ERA s103A(2);ERA s103A(3);ERA s103A(3)(a);ERA s103A(3)(b;ERA s103A(3)(c);ERA s103A(3)(d);ERA s103A(4);ERA s103A(5);ERA s128(2) |
| Number of Pages | 11 |
| PDF File Link: | 2015_NZERA_Auckland_167.pdf [pdf 249 KB] |