| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 316 |
| Hearing date | 7-Oct-15 |
| Determination date | 09 October 2015 |
| Member | Rachel Larmer |
| Representation | W Reid ; H Edward |
| Location | Rotorua |
| Parties | Christoffersen v Tokana and Anor |
| Other Parties | Mamaku Early Learning Centre Ltd |
| Summary | PRACTICE AND PROCEDURE – Identity of employer - UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Early Childcare Teacher |
| Abstract | AUTHORITY FOUND –;PRACTICE AND PROCEDURE: Name of employer on payslips to IRD not name of legal entity, nor name on employment agreement. If first respondent contracting on behalf of limited liability entity, needed to make clear to applicant. Applicant reasonably assumed employer by first respondent. Applicant employed by first respondent.;UNJUSTIFIED DISMISSAL: Respondent failed to undergo proper disciplinary process, so failed to investigate sufficiently, fully raise concerns, provide opportunity to explain or have explanation considered. Applicant acted inappropriately in the workplace and left early without discussing issues with respondent. Dismissal unjustified. REMEDIES: 40 per cent contributory conduct. $1,800 compensation appropriate. |
| Result | Applications granted ; Contributory conduct (40%) ; Compensation for humiliation etc ($1,800) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A);ERA s103A;ERA s103A(2);ERA s103A(3);ERA s103A(3)(a);ERA s103A(3)(b);ERA s103A(3)(c);ERA s103A(3)(d);ERA s103A(5);ERA s124 |
| Number of Pages | 12 |
| PDF File Link: | 2015_NZERA_Auckland_316.pdf [pdf 230 KB] |