| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 305 |
| Hearing date | 16-Jul-15 |
| Determination date | 30 September 2015 |
| Member | Vicki Campbell |
| Representation | M Beazley ; E Chey |
| Location | Auckland |
| Parties | Singh v Compass Group New Zealand Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably disadvantaged by offer of redeployment and unjustifiably dismissed by respondent – Disparity of treatment - Food Service Manager |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL: Offer of redeployment to smaller kitchen likely to have been made to help applicant manage stress. Respondent unaware of applicant’s disciplinary issues at time offer made. No unjustified disadvantage. Applicant’s acts and omissions regarding food safety risked health of patients and affected respondent’s compliance with Food Safety Programme. Applicant more senior than other employees involved in problems and had responsibility for them. Reasonable to treat applicant differently in disciplinary process. No unjustified disparity of treatment. Applicant offered choice of dismissal or redeployment but refused to be redeployed. Respondent actively tried to keep applicant in employment. Respondent acted as fair and reasonable employer would. Respondent allowed applicant to respond to all concerns and acted with open mind at all times so no pre-determination evident. Dismissal justified. |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s103A(3);ERA s103A(5);ERA s174E |
| Cases Cited | Angus v Ports of Auckland Ltd [2011] NZEmpC 160, [2011] ERNZ 466;Chief Executive of the Department of Inland Revenue v Buchanan [2005] ERNZ 767 (CA);Harris v The Warehouse Ltd [2014] NZEmpC 188, (2014) 12 NZELR 526;Secretary for Justice v Dodd [2010] NZEmpC 84, (2010) 7 NZELR 578 |
| Number of Pages | 16 |
| PDF File Link: | 2015_NZERA_Auckland_305.pdf [pdf 170 KB] |