| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2015] NZERA Christchurch 89 |
| Hearing date | 16 Apr 2015 |
| Determination date | 03 July 2015 |
| Member | Christine Hickey |
| Representation | G Bennett ; T Mackenzie |
| Location | Christchurch |
| Parties | Lim v Meadows Mushrooms Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably dismissed by respondent – Theft – Harvester |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Respondent breached good faith requirements by searching applicant’s room and involving security guard at applicant’s accommodation. Respondent failed to properly inquire into other possibilities, properly track stolen phone or speak to people involved. Respondent’s investigation insufficient to have reasonable basis for conclusion that applicant responsible for theft. Respondent failed to provide applicant with reasonable opportunity to get representation. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $4,839 reimbursement of lost wages. $3,000 compensation appropriate. |
| Result | Application granted ; Reimbursement of lost wages ($4,839.82) ; Compensation for humiliation etc ($3,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s103A;ERA s103A(3);ERA s124;ERA s128(2);ERA s128(3) |
| Cases Cited | Alatipi v Chief Executive of the Department of Corrections [2015] NZEmpC 7;Honda NZ Ltd v New Zealand Boilermakers Union [1991] 1 NZLR 392 (CA);New Zealand (with exceptions) Shipwrights etc Union v Honda NZ Ltd [1989] 3 NZILR 82 (LC) |
| Number of Pages | 15 |
| PDF File Link: | 2015_NZERA_Christchurch_89.pdf [pdf 259 KB] |