| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2015] NZERA Christchurch 152 |
| Hearing date | 17-Jun-15 - 18-Jun-15 (2 days) |
| Determination date | 12 October 2015 |
| Member | Helen Doyle |
| Representation | A Oberndorfer ; J Douglas |
| Location | Christchurch |
| Parties | Curry v ISS Holdings NZ Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably disadvantaged by final written warning and breach of privacy and unjustifiably dismissed by respondent - PENALTY – GOOD FAITH – Applicant sought penalty for respondent’s breach of good faith – Contract service manager |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL: Applicant failed to report health and safety incidents urgently and follow up. Treated as misconduct when really performance issued. Fair and reasonable employer could have issued first written warning, but not final written warning. Applicant unjustifiably disadvantaged by final written warning. Breach of privacy appropriately dealt with by respondent at time. No unjustified disadvantage from breach. Other employees appeared to know that applicant would be made redundant before decision made. Outcome of restructuring pre-determined and decision not made in good faith. Respondent failed to provide applicant with sufficient information during process. Respondent failed to consider redeployment of applicant, despite being a requirement of restructuring process. Respondent did not allow applicant to work out notice period as applicant threatened to start protesting and go to media. Dismissal unjustified. REMEDIES: 10 per cent contributory conduct. $12,150 compensation appropriate.;PENALTY – GOOD FAITH: Pre-determined restructuring procedure undermined employment relationship and constituted serious breach of good faith. $4,000 penalty appropriate. |
| Result | Applications granted (unjustified dismissal)(penalty – good faith) ; Contributory conduct (10%) ; Compensation for humiliation etc ($12,150) ; Penalty ($4,00)(payable to Crown) ; Application partially granted (unjustified dismissal) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1);ERA s4A(b);ERA s103A;ERA s103A(3);ERA s103A(4);ERA s103A(5) |
| Number of Pages | 24 |
| PDF File Link: | 2015_NZERA_Christchurch_152.pdf [pdf 221 KB] |