| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 78 |
| Hearing date | 1 & 2 Dec 2015 |
| Determination date | 10 March 2016 |
| Member | Tania Tetitaha |
| Representation | S Greening ; M McGoldrick |
| Location | Auckland |
| Parties | Lal v The Warehouse Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Incapacity – Applicant claimed unjustifiably dismissed by respondent – Shop Floor Team Member |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Order for non-publication of identifying details of employee alleged to have sexually harassed applicant. After suffering injury, applicant tried to return to work on light duties but refused to work with employee who had previously received a written warning for sexually harassing applicant. Respondent tried to take protective measures regarding other employee. Redeployment for applicant not possible due to business constraints. After lengthy absence, respondent advised applicant that it would have to terminate employment if applicant did not return to work. Reasonable for respondent to dismiss applicant in circumstances. Dismissal justified. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A(2);ERA s103A(3);ERA Second Schedule cl10 |
| Cases Cited | Canterbury Clerical Workers IUOW v Andrews & Beaven Ltd [1983] ACJ 875 (AC);Hoskin v Coastal Fishing Supplies Ltd [1985] ACJ 124 (AC);McKean v Board of Trustees of Wakaaranga School [2007] ERNZ 1 (EmpC) |
| Number of Pages | 6 |
| PDF File Link: | 2016_NZERA_Auckland_78.pdf [pdf 262 KB] |