| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2015] NZERA Wellington 62 |
| Hearing date | 24 Feb 2015 - 25 Feb 2015 (2 days) |
| Determination date | 29 June 2015 |
| Member | Trish MacKinnon |
| Representation | B Buckett ; P Drummond, R Oakley |
| Location | Palmerston North |
| Parties | Banks v Hockey Manawatu Inc |
| Summary | UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Poor Performance - Applicant claimed unjustifiably disadvantaged by respondent’s refusal to allow applicant to do job, unilateral imposition of new terms of employment on applicant, threat to security of applicant’s employment by imposing formal performance management and suspension, instigating a disciplinary investigation – Applicant claimed unjustifiably dismissed by respondent – BREACH OF CONTRACT – Applicant claimed respondent breached employment agreement (“EA”) and good faith by failing to build productive employment relationship with applicant – Applicant claimed respondent breached health and safety obligations by causing an unsafe workplace - Operations Manager |
| Abstract | AUTHORITY FOUND –UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL: Respondent had not employed HR manager to performance manage applicant, but rather to assist and support applicant. Employment of HR manager did not affect applicant’s ability to perform job, applicant’s terms and conditions of employment or threaten applicant’s job security. Respondent’s decision to investigate whether applicant took paid sick leave in good faith reasonable given conflicting medical statements about applicant’s health. No unjustified disadvantage. Respondent’s decision to terminate applicant’s employment after six weeks on paid sick leave justified due to small size of respondent and seniority of applicant’s role. Respondent justified in not providing preliminary decision and opportunity for applicant to comment due to applicant’s refusal to engage in process. Applicant’s dismissal made in accordance with respondent’s constitution. Dismissal justified.BREACH OF CONTRACT: Applicant could not provide any persuasive evidence of respondent’s lack of engagement or rebuffing of applicant’s effort to engage. Applicant’s mental health had deteriorated while on sick leave and was not due to respondent’s failure to provide safe workplace. |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Cases Cited | Banks v Hockey Manawatu Inc [2014] NZERA Wellington 114;Barnett v Northern Region Trust Board of the Order of St John [2003] 2 ERNZ 730 (EmpC);Dunn v Waitemata District Health Board [2014] NZEmpC 201, (2014) 12 NZELR 362;Hoskin v Coastal Fishing Supplies Ltd [1985] ACJ 124 (AC) |
| Number of Pages | 17 |
| PDF File Link: | 2015_NZERA_Wellington_62.pdf [pdf 199 KB] |