| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2016] NZERA Wellington 16 |
| Hearing date | 5-Nov-15 |
| Determination date | 05 February 2016 |
| Member | Trish MacKinnon |
| Representation | K Coley ; T Short |
| Location | Levin |
| Parties | Searle v Deadeye Dick's Shooting Supplies Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – COUNTERCLAIM – RECOVERY OF MONIES – Respondent sought to recover costs of repairs for damage allegedly caused by applicant - Farmhand |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Motive for redundancy appeared to be performance concerns not formally raised with applicant, with respondent wishing to spare applicant embarrassment of raising such concerns. Respondent denied applicant opportunity to respond to concerns and have response considered. Respondent did not carry out proper process in dismissing applicant. Dismissal unjustified. REMEDIES: 30 per cent contributory conduct. Respondent to pay applicant $5,588 reimbursement of lost wages. $4,200 compensation appropriate.;COUNTERCLAIM – RECOVERY OF MONIES: Insufficient evidence that applicant caused damage. No recovery of monies. |
| Result | Application granted (unjustified dismissal) ; Contributory conduct (30%) ; Reimbursement of lost wages ($5,588.21) ; Compensation for humiliation etc ($4,200) ; Disbursements in favour of applicant ($71.56)(filing fee) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s124 |
| Number of Pages | 8 |
| PDF File Link: | 2016_NZERA_Wellington_16.pdf [pdf 114 KB] |