| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 55 |
| Hearing date | 15 & 16 Feb 2016 (2 days) |
| Determination date | 24 February 2016 |
| Member | Eleanor Robinson |
| Representation | D Gelb ; M Moncur |
| Location | Auckland |
| Parties | Pupualii v Happy Days Management Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Pastry chef |
| Abstract | AUTHORITY FOUND –UNJUSTIFIED DISMISSAL: Fair and reasonable employer would have fully investigated allegations of racist remarks and provided applicant with opportunity to explain prior to dismissal. Fair and reasonable employer would have investigated performance issues and raised issues with applicant before disciplinary meeting so applicant could have opportunity to explain. Fair and reasonable employer would have considered alternative options to dismissal in circumstances. Decision to dismiss pre-determined. Applicant not told of allegations before disciplinary meeting or given opportunity to have support person. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant reimbursement of lost wages, quantum to be determined. Interest payable. $4,000 compensation appropriate. |
| Result | Application granted ; Reimbursement of lost wages (quantum to be determined) ; Interest (5%) ; Compensation for humiliation etc ($4,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A ; ERA s124 ; Holidays Act 2003 ; Judicature (Prescribed Rate of Interest) Order 2011 |
| Number of Pages | 13 |
| PDF File Link: | 2016_NZERA_Auckland_55.pdf [pdf 209 KB] |