| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2016] NZERA Christchurch 17 |
| Hearing date | 25-Nov-15 |
| Determination date | 25 February 2016 |
| Member | Christine Hickey |
| Representation | M McDonald ; J Shingleton |
| Location | Christchurch |
| Parties | Adams v Properly Plastered Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Poor Performance – Applicant claimed unjustifiably disadvantaged by disciplinary warnings – Applicant claimed unjustifiably dismissed by respondent – PENALTY – Applicant sought penalty for respondent’s failure to provide time and wage records – COUNTERCLAIM – PENALTY – GOOD FAITH – Respondent sought penalty for breach of employment agreement and good faith – Labourer |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL: Applicant unjustifiably disadvantaged by respondent’s procedurally unfair warnings. Respondent did not undertake sufficient investigation before making decision to dismiss. Applicant was not given opportunity to explain. Respondent’s decision predetermined. Dismissal unjustified. REMEDIES: Dismissal substantively justified and procedural defects did not cause lost wages. No reimbursement for lost wages. Applicant’s failure to make contact with respondent blameworthy and contributed to dismissal. 70 per cent contributory conduct. $2,100 compensation for humiliation etc appropriate.;PENALTY: Applicant did not produce any evidence for penalty claim. No penalty.;COUNTERCLAIM – PENALTY – GOOD FAITH: Inappropriate to impose penalty as applicant dismissed. No penalty. |
| Result | Application granted (unjustified dismissal) ; Contributory conduct (70%) ; Compensation for humiliation etc ($2,100) ; Applications dismissed (penalty)(counterclaim – penalty – good faith) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s103A(3);ERA s123(1)(c)(i);ERA s124 |
| Cases Cited | Lim v Meadow Mushrooms Ltd [2015] NZEmpC 192;Waterford Holdings Ltd v Morunga [2015] NZEmpC 132;McKenzie v Dawsons Catering Ltd [2012] NZERA Auckland 183;Wiremu v Levin Bobcats Ltd t/a Core Infrastructure [2015] NZERA Christchurch 172;Naidu v Radius Residential Care Ltd [2012] NZERA Wellington 37;Britton v Mulching Crushing & Screening Ltd [2015] NZERA Wellington 92;New Zealand Cards Ltd v Ramsay [2012] NZEmpC 51 |
| Number of Pages | 16 |
| PDF File Link: | 2016_NZERA_Christchurch_17.pdf [pdf 280 KB] |