| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2015] NZERA Christchurch 190 |
| Hearing date | 5 - 6 Nov 2015 (2 days) |
| Determination date | 04 December 2015 |
| Member | David Appleton |
| Representation | R Boulton ; P Rogers |
| Location | Christchurch |
| Parties | Riordan v SRS New Zealand Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably disadvantaged by suspension and unjustifiably dismissed by respondent – Health and safety - Forklift driver |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL: Order for non-publication of applicant’s personal circumstances. When suspending applicant, respondent did not explain effect of important clause in employment agreement regarding pay. Applicant unjustifiably disadvantaged. Respondent entitled to conclude applicant had committed relevant serious misconduct. Respondent failed to interview key witness to potential misconduct. Respondent failed to give applicant copy of notes and ask for applicant’s views of breakdown in relationship. Dismissal unjustified. REMEDIES: Reinstatement not practicable and reasonable. No contributory conduct. $5,000 compensation appropriate. |
| Result | Applications granted ; Compensation ($5,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Cases Cited | Chandhok v Tirkey [2015] IRLR 195 (EAT);Chief Executive of the Department of Inland Revenue v Buchanan [2005] ERNZ 767 (CA);Q v Commissioner of Police [2015] NZEmpC 57 |
| Number of Pages | 32 |
| PDF File Link: | 2015_NZERA_Christchurch_190.pdf [pdf 347 KB] |