| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 248 |
| Hearing date | 2 & 3 Jun 2015 (2 days) |
| Determination date | 17 August 2015 |
| Member | James Crichton |
| Representation | M Beech ; A Bennett |
| Location | Tauranga |
| Parties | Graham v KMA Group Ltd t/a Knockout Sportswear |
| Summary | UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably disadvantaged by respondent’s persistent contact during leave – Applicant claimed unjustifiably dismissed – Sales representative |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL: Although applicant misled respondent about leave taken, respondent had obligation to clarify precise leave requested. Good and fair employer could not expect employee to be available on day of requested and granted leave. Applicant unjustifiably disadvantaged. Dismissal substantively justified as applicant misled respondent about why leave taken. Respondent conducted fair investigation and disciplinary process. Dismissal justified. REMEDIES: 20 per cent contributory conduct. $8,000 compensation appropriate. |
| Result | Application granted (unjustified disadvantage) ; Contributory conduct (20%) ; Compensation for humiliation etc ($8,000) ; Application dismissed (unjustified dismissal) ; Disbursements in favour of applicant ($71.56)(filing fee) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s122;ERA s123(1)(c)(i) |
| Number of Pages | 20 |
| PDF File Link: | 2015_NZERA_Auckland_248.pdf [pdf 214 KB] |