| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2015] NZERA Christchurch 85 |
| Hearing date | 5 May 2015 |
| Determination date | 25 June 2015 |
| Member | H Doyle |
| Representation | R Thompson, Carren McDonald ; T Mackenzie |
| Location | Christchurch |
| Parties | Higgs v Monro Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Serious Misconduct - Applicant claimed unjustifiably disadvantaged by suspension and unjustifiably dismissed by respondent – Assault - Truck driver |
| Abstract | AUTHORITY FOUND –UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL: Respondent did not tell applicant matter at end. Fair and reasonable employer could still hold disciplinary process with disciplinary action. Employment agreement required respondent to discuss potential suspension with applicant and give applicant opportunity to comment. Respondent telling applicant to have day off work not suspension. No unjustified disadvantage. Respondent’s director could not fairly consider matter given applicant allegedly assaulted son of director. Fair and reasonable employer could have concluded that applicant assaulted employee and that assault serious misconduct. Respondent failed to adequately investigate assault, fully put complaint to applicant, give applicant opportunity to comment or consider applicant’s explanations in breach of good faith obligations and procedural fairness requirements. Dismissal unjustified. REMEDIES: 50 per cent contributory conduct. Respondent to pay applicant reimbursement of lost wages, quantum to be determined. $2,000 compensation appropriate. |
| Result | Result: Application granted (unjustified dismissal) ; Contributory conduct (50%) ; Reimbursement of lost wages (quantum to be determined) ; Compensation for humiliation etc ($2,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s103A(2);ERA s103A(3);ERA s124 |
| Cases Cited | Ashton v Shoreline Hotel [1994] 1 ERNZ 421;B v Virgin Airlines Australia (NZ) Employment and Crewing Ltd [2013] ERNZ 72 |
| Number of Pages | 18 |
| PDF File Link: | 2015_NZERA_Christchurch_85.pdf [pdf 204 KB] |