| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 22/03 |
| Hearing date | 29 Jan 2003 |
| Determination date | 24 February 2003 |
| Member | D Asher |
| Representation | J Cleary ; L Turner |
| Location | Wellington |
| Parties | Griffiths v Goodman Fielder NZ Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Third party complaint led to dismissal - No response to grievances raised prior to dismissal - Vulnerable due to third party's threat to withdraw custom - Respondent obliged to justify dismissal to greater extent than normal - Failed to show no alternative to dismissal - Dismissal not open to fair and reasonable employer - Dismissal unjustified - UNJUSTIFIED DISADVANTAGE - Inadequate response to grievances raised - Respondent's failure to undertake mediation significant breach of employment agreement - Failure to accommodate request for information - Applicant seriously disadvantaged - DISPUTE - No substance to allegations of dishonest behaviour of other employees - Respondent properly elected not to pursue allegations - No basis to applicant's claim regarding interpretation of mileage allowance clause - PENALTY - No penalty imposed for failure to provide written agreement - Merchandiser |
| Result | Application granted ; Reimbursement of lost wages (3 months)(Quantum to be determined by parties) ; Compensation for humiliation etc ($7,500) ; Costs reserved |
| Statutes | ERA s64;ERA s160(3);ERA s161(2)(b) |
| Number of Pages | 14 |
| PDF File Link: | wa 22_03.pdf [pdf 51 KB] |