| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 82 |
| Hearing date | 10 & 11 Feb 2016 (2 days) |
| Determination date | 11 March 2016 |
| Member | Eleanor Robinson |
| Representation | D Balfour ; R Knapp |
| Location | Rotorua |
| Parties | Waititi v Pedersen Inductries Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Incapacity – Applicant claimed unjustifiably disadvantaged by suspension – Applicant claimed unjustifiably dismissed by respondent – PENALTY – GOOD FAITH – Applicant sought penalty for respondent’s breach of good faith – Loader operator |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL: Applicant agreed to suspension. No unjustified disadvantage. Respondent did not follow fair investigation process. Respondent failed to provide access to information. Applicant denied opportunity to respond to evidence. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant reimbursement of lost wages, quantum to be determined. $18,000 compensation for humiliation etc appropriate.;PENALTY – GOOD FAITH: Applicant breached good faith by failing to provide applicant relevant information and opportunity to comment. Applicant suffered significant harm, denied access to information leading to employment termination. Respondent breached good faith obligations continuously. Breaches flagrant and deliberate. $5,000 penalty appropriate. |
| Result | Applications granted (unjustified dismissal)(penalty) ; Reimbursement of lost wages (quantum to be determined) ; Compensation for humiliation etc ($18,000) ; Penalty ($5,000)(respondent)(payable to applicant) ; Disbursements in favour of applicant ($71.56)(filing fee) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s4(1A)(b);ERA s4(1A)(c);ERA s4(1A)(c)(i);ERA s103A;ERA s103A(3);ERA s123(1)(c)(i);ERA s124;ERA s135 |
| Cases Cited | Angus v Ports of Auckland [2011] NZEmpC 160, [2011] ERNZ 466;Graham v Airways Corporation of New Zealand Ltd [2005] ERNZ 587 (EmpC);Xu v McIntosh [2004] 2 ERNZ 448 (EmpC) |
| Number of Pages | 30 |
| PDF File Link: | 2016_NZERA_Auckland_82.pdf [pdf 284 KB] |