| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 259 |
| Hearing date | 13-Aug-15 |
| Determination date | 26 August 2015 |
| Member | James Crichton |
| Representation | G Whiteford ; P Maynard |
| Location | Auckland |
| Parties | Baker v Hauraki Rail Trail Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably disadvantaged by respondent’s failure to provide safe workplace and burglary by respondent’s manager – Applicant claimed unjustifiably dismissed by respondent – Assault – COSTS – Applicant sought contribution towards costs - Marketing manager |
| Abstract | AUTHORITY FOUND -UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL: Respondent’s manager assaulted applicant. Assault constituted failure to provide safe workplace. Insufficient evidence to prove burglary. Unjustified disadvantage. Assault on applicant by respondent’s manager gravely repudiated employment relationship so as to dismiss applicant. Respondent breached good faith obligations by failing to provide safe workplace. Dismissal unjustified. REMEDIES: No contributory conduct. $17,500 compensation appropriate.COSTS: Half day investigation meeting. Found appropriate to apply notional daily tariff. Respondent to pay applicant $1,750 contribution towards costs. |
| Result | Applications granted ; Compensation for humiliation etc ($17,500) ; Costs in favour of applicant ($1,750) ; Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Personal Grievance |
| Number of Pages | 8 |
| PDF File Link: | 2015_NZERA_Auckland_259.pdf [pdf 109 KB] |