| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 66 |
| Hearing date | 1-Mar-16 |
| Determination date | 02 March 2016 |
| Member | Rachel Larmer |
| Representation | WP Mita, J Tata ; G Presland |
| Location | Auckland |
| Parties | Richards v Fresh Flower Wholesaler Ltd |
| Summary | PENALTY – GOOD FAITH – Applicant sought penalty for respondent’s breach of good faith – UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably dismissed by respondent – Florist |
| Abstract | AUTHORITY FOUND –;PENALTY – GOOD FAITH: Respondent unilaterally imposed two written warnings on applicant shortly after applicant returned to work. Respondent failed to make appropriate inquiries about whether applicant abandoned employment or to give applicant opportunity to respond to allegations of abandonment. Respondent breached good faith. Breaches part of dismissal claim so not appropriate to award separate penalty. No penalty.;UNJUSTIFIED DISMISSAL: On balance of probabilities respondent advised applicant of acceptance of applicant’s resignation without applicant having resigned. Respondent breached Record of Settlement, failed to provide applicant with written employment agreement, criticised applicant’s performance in other staff and unilaterally imposed written warnings 4 hours after applicant returned to work. Applicant given low level manual work to do. Work environment hostile and unpleasant. Applicant dismissed. Respondent failed to comply with good faith or procedural fairness requirements. Applicant unjustifiably dismissed. REMEDIES: 10 per cent contributory conduct. Respondent to pay applicant reimbursement of lost wages, quantum to be determined. $4,500 compensation appropriate. |
| Result | Application granted (unjustified dismissal) ; Contributory conduct (10%) ; Reimbursement of lost wages (quantum to be determined) ; Compensation for humiliation etc ($4,500) ; Application dismissed (penalty – good faith) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s4(1A);ERA s4(1A)(b);ERA s63A(2);ERA s103A;ERA s103A(3);ERA s103A(5);ERA s124;ERA s128(3);ERA s149 |
| Number of Pages | 14 |
| PDF File Link: | 2016_NZERA_Auckland_66.pdf [pdf 183 KB] |