| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 330 |
| Hearing date | 19-Oct-15 |
| Determination date | 21 October 2015 |
| Member | Rachel Larmer |
| Representation | N Percy ; M Vyle |
| Location | Auckland |
| Parties | Harrison v Unison Work Spaces Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Incapacity – Applicant claimed unjustifiably dismissed by respondent – Injury affecting applicant’s ability to do job – Sales Support Manager |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Respondent did not share concerns about applicant’s return to work and dishonesty about injury with her, or give applicant opportunity to respond. Respondent did not adequately investigate concerns about dishonesty, whether applicant could do job or whether it could keep applicant’s job open. Respondent could not adequately assess whether dismissal appropriate on information at time of dismissal. Dismissal improperly motivated. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $14,807 reimbursement of lost wages. $444 compensation for loss of employer KiwiSaver contributions appropriate. $8,000 compensation for humiliation appropriate. |
| Result | Application granted ; Reimbursement of lost wages ($14,807.66) ; Compensation for loss of KiwiSaver benefit ($444.23) ; Compensation for humiliation etc ($8,000) ; 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(4);ERA s103A(5);ERA s128(3) |
| Number of Pages | 16 |
| PDF File Link: | 2015_NZERA_Auckland_330.pdf [pdf 247 KB] |