| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2015] NZERA Wellington 102 |
| Hearing date | 15-Jul-15 - 16-Jul-15 (2 days) |
| Determination date | 22 October 2015 |
| Member | Trish MacKinnon |
| Representation | P Harman ; J Ferguson |
| Location | Wellington |
| Parties | Gemmell v Quality Roading & Services (Wairoa) Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL – Serious Misconduct - Applicant claimed unjustifiably disadvantaged by suspension and unjustifiably dismissed by respondent – Failure to follow instructions – Site supervisor |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL: Respondent accepted suspension unlawful as respondent failed to consult with applicant and failed to give applicant opportunity for views to be heard. Applicant unjustifiably disadvantaged. Applicant unreasonably and repeatedly failed to follow respondent’s lawful instructions. Fair and reasonable employer could have reached decision to dismiss. Respondent investigated sufficiently, gave applicant all relevant information, provided opportunity to be heard and to have explanations considered. Dismissal justified. REMEDIES: No contributory conduct. $4,000 compensation appropriate. |
| Result | Application granted (unjustified disadvantage) ; Compensation for humiliation etc ($4,000) ; Application dismissed (unjustified dismissal) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Cases Cited | Gemmell v Quality Roading & Services (Wairoa) Ltd [2015] NZERA Wellington 43;Samuels v Transportation Auckland Corporation Ltd [1995] 1 ERNZ 462 (EmpC);Sky Network Television Ltd v Duncan [1998] 3 ERNZ 917 (CA) |
| Number of Pages | 10 |
| PDF File Link: | 2015_NZERA_Wellington_102.pdf [pdf 93 KB] |