| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 23 |
| Hearing date | 18-Jan-16 |
| Determination date | 19 January 2016 |
| Member | Eleanor Robinson |
| Representation | R Samuels ; V Raggett |
| Location | Auckland |
| Parties | Hann v Phoenix 66 Ltd t/a Synergy Hair Manukau |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Summary dismissal - Hairdresser |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Respondent failed to conduct interviews or view camera footage. Fair and reasonable employer would have carried out more robust investigation before finding serious misconduct occurred. Applicant not advised of disciplinary nature of meeting, informed properly of concerns, given chance to respond or told she could bring support person. Speed of respondent’s decision to dismiss implied predetermination. Applicant unjustifiably dismissed. REMEDIES: No contributory conduct. Respondent to pay applicant reimbursement of lost wages, quantum to be determined. $3,500 compensation appropriate. |
| Result | Application granted ; Reimbursement of lost wages (quantum to be determined) ; Compensation for humiliation etc ($3,500) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s103A(3);ERA s124 |
| Cases Cited | Angus v Ports of Auckland Ltd (No 2) [2011] NZEmpC 160, [2011] ERNZ 466;Chief Executive of Ministry of Maori Development v Travers-Jones [2003] 1 ERNZ 174 (EmpC);Northern Distribution Union v BP Oil New Zealand Ltd [1992] 3 ERNZ 483 (CA) |
| Number of Pages | 10 |
| PDF File Link: | 2016_NZERA_Auckland_23.pdf [pdf 255 KB] |