| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2015] NZERA Christchurch 160 |
| Hearing date | 23-Jun-15 |
| Determination date | 27 October 2015 |
| Member | David Appleton |
| Representation | M Greer (in person) ; T Mackenzie |
| Location | Christchurch |
| Parties | Greer v Temple Basin Ski Club Inc |
| Summary | UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably disadvantaged by manager’s actions in requiring him to do tasks a certain way, sending him away for failing to follow instructions and refusing to use applicant when work available – Applicant claimed unjustifiably dismissed by respondent – Casual employee – RECOVERY OF MONIES – Applicant sought recovery of monies for purchases made and qualifications undertaken for job and relocation costs - Ski patroller |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL: Manager entitled to ask applicant to do task in certain way, and send applicant away when applicant refused to do it. Applicant not unjustifiably disadvantaged. Manager unreasonably refused to ask applicant to work when work available. Manager’s actions constituted breach of respondent’s duties to maintain productive employment relationship and act with procedural fairness. Unjustified disadvantage. Applicant never actually resigned, but kept communicating with respondent regarding concerns. Respondent dismissed applicant. Respondent largely relied on account of manager in dismissing applicant. Respondent did not sufficiently investigate allegations against applicant, or genuinely consider applicant’s response. Dismissal unjustified. REMEDIES: 25 per cent contributory conduct. Respondent to pay applicant $5660 reimbursement of lost wages. $2,200 compensation for loss of food and accommodation benefit appropriate. $7,500 compensation for humiliation appropriate. RECOVERY OF MONIES: Applicant able to continue to use or sell items purchased for job, and use qualifications obtained, so no reimbursement necessary. Applicant only incurred relocation expenses as result of making himself available to work for respondent. Respondent to pay applicant $708 recovery of monies. |
| Result | Application granted (unjustified dismissal) ; Contributory conduct (25%) ; Reimbursement of lost wages ($5660.60) ; Compensation for loss of benefit ($2,200) ; Compensation for humiliation etc ($7,500) ; Applications partially granted (unjustified dismissal)(recovery of monies) ; Recovery of monies ($708.40) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s4(1A)(b);ERA s103(1)(a);ERA s103(1)(b);ERA s103A;ERA s103A(3);ERA s103A(3)(a);ERA s103A(3)(b);ERA s103A(3)(c);ERA s103A(3)(d);ERA s123;ERA s124;ERA s128 |
| Number of Pages | 25 |
| PDF File Link: | 2015_NZERA_Christchurch_160.pdf [pdf 300 KB] |