| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2015] NZERA Christchurch 194 |
| Hearing date | 29-Oct-15 |
| Determination date | 10 December 2015 |
| Member | Helen Doyle |
| Representation | W Heal ; G Downing |
| Location | Nelson |
| Parties | Brownlie v Tony & Janet Rusbatch t/a Golden Bay Flowers and Garden |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed – Florist |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Applicant had no knowledge of specific allegations facing her made by respondent. Fair and reasonable employer could not conclude applicant talking to partner at home about issues at work to be misconduct, let alone serious misconduct. Applicant dismissed not for own actions but for actions of her partner. Good faith obligations required respondent to provide applicant with relevant information, and opportunity to respond to concerns. Respondent unable to genuinely consider explanations against concerns before dismissing applicant. Process fundamentally flawed. Applicant unjustifiably dismissed. REMEDIES: No contributory conduct. Respondent to pay applicant $9,138 reimbursement of lost wages. $6,000 compensation appropriate. |
| Result | Application granted ; Reimbursement of lost wages ($9,138.37) ; Compensation for humiliation etc ($6,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A);ERA s103A;ERA s103A(3);ERA s103A(3)(b);ERA s103A(3)(d);ERA s123(1)(b);ERA s123(1)(c)(i);ERA s124;ERA s128(1) |
| Number of Pages | 16 |
| PDF File Link: | 2015_NZERA_Christchurch_194.pdf [pdf 282 KB] |