| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 73 |
| Hearing date | 24 & 25 Nov 2015 (2 days) |
| Determination date | 07 March 2016 |
| Member | Tania Tetitaha |
| Representation | R Bashir (in person) ; SJ Neville |
| Location | Auckland |
| Parties | Bashir v Ladbrook Law Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by lack of support in work, redundancy process, racial harassment and bullying from respondent’s director – COUNTERCLAIM – RECOVERY OF MONIES – Respondent sought recovery of monies incurred from early cancellation of applicant’s cellphone contract - Law clerk |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISADVANTAGE: Applicant’s evidence unclear whether respondent failed to support applicant in work. No unjustified disadvantage. Applicant failed to show any unfairness in redundancy process. In absence of unfairness, respondent entitled to determine which staff to make redundant. No unjustified disadvantage. Respondent’s director made racially motivated comments about applicant’s performance. Comments very hurtful to applicant and caused him stress. Applicant unjustifiably disadvantaged by comments. Director yelled at applicant and caused him distress. Incidents amounted to bullying behaviour. Director failed to remedy actions. Applicant unjustifiably disadvantaged by bullying. Applicant acted in somewhat belligerent manner towards director at times, which prompted outbursts. REMEDIES: 25 per cent contributory conduct. $7,500 compensation appropriate.;COUNTERCLAIM – RECOVERY OF MONIES: Applicant accepted liability for monthly payments owed. Early cancellation fee incurred due to applicant’s actions, which were in breach of agreement with respondent. Applicant to pay respondent $1,322 recovery of monies. |
| Result | Applications granted ; Contributory conduct (25%) ; Compensation for humiliation etc ($7,500) ; Recovery of monies ($1,322.22) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s103(1)(c);ERA s103A;ERA s109;ERA s124;ERA s162 |
| Cases Cited | Bashir v Ladbrook Law Ltd [2015] NZERA Auckland 368;Corbett v UDP Shopfitters Ltd [2012] NZERA Christchurch 151;Goodfellow v Building Connexion Ltd t/a ITM Building Centre [2010] NZEmpC 82;Grace Team Accounting Ltd v Brake [2014] NZCA 541, [2015] 2 NZLR 494;Isaac v Chief Executive of the Ministry of Social Development ERA Auckland AA200/08, 5 June 2008 |
| Number of Pages | 12 |
| PDF File Link: | 2016_NZERA_Auckland_73.pdf [pdf 200 KB] |