| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2015] NZERA Christchurch 124 |
| Hearing date | 27-May-15 |
| Determination date | 26 August 2015 |
| Member | Helen Doyle |
| Representation | T MacKenzie, C Sell ; D Smith |
| Location | Christchurch |
| Parties | Baines v Daniel Smith Industries Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent - Crane operator |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Respondent failed to investigate allegations properly, failed to give applicant opportunity to explain and failed to give applicant all relevant information so applicant could not properly and sensibly answer allegations. Procedural defects also undermined susbstance of dismissal. Respondent had not previously told applicant that using phone while on crane could jeopardise employment relationship, despite prior warnings. Dismissal unjustified. REMEDIES: 20 per cent contributory conduct. Respondent to pay applicant $5,235 reimbursement of lost wages. $4,800 compensation appropriate. |
| Result | Application granted ; Contributory conduct (20%) ; Reimbursement of lost wages ($5,235.23) ; Compensation for humiliation etc ($4,800) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s103A(3);ERA s103(4);ERA s103A(5) |
| Number of Pages | 10 |
| PDF File Link: | 2015_NZERA_Christchurch_124.pdf [pdf 169 KB] |