| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 116 |
| Hearing date | 31 Mar & 1 Apr 2016 (2 days) |
| Determination date | 18 April 2016 |
| Member | Anna Fitzgibbon |
| Representation | G Bennett ; D Luttig |
| Location | Auckland |
| Parties | La v Alpha Laboratories (NZ) Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably disadvantaged by final written warning and suspension – Applicant claimed unjustifiably dismissed by respondent |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL: Respondent failed to properly investigate allegations leading to final written warning and did not give applicant opportunity to respondent. Decision-maker did not participate in process. Applicant unjustifiably disadvantaged by final written warning. Applicant not told what allegations of serious misconduct were before suspension and so not given opportunity to respond. Applicant unjustifiably disadvantaged by suspension. Insufficient evidence to find that applicant wilfully falsified training records. Respondent did not follow fair process. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $26,564 reimbursement of lost wages. $17,500 compensation appropriate. |
| Result | Applications granted ; Reimbursement of lost wages ($26,564) ; Compensation for humiliation etc ($17,500) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A(3);ERA s103A(4);ERA s103A(5);ERA s124;ERA s128(2);ERA s128(3);ERA s174;ERA First Schedule cl12A |
| Cases Cited | Honda NZ Ltd v New Zealand Boilermakers Union [1991] 1 NZLR 392 (CA);La v Alpha Laboratories (NZ) Ltd [2015] NZERA Auckland 158;Makatoa v Restaurant Brands (NZ) Ltd [1999] 2 ERNZ 311 (EmpC);Northern Distribution Union v BP Oil New Zealand Ltd [1992] 3 ERNZ 483 (CA) |
| Number of Pages | 22 |
| PDF File Link: | 2016_NZERA_Auckland_116.pdf [pdf 320 KB] |