| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2016] NZERA Christchurch 55 |
| Hearing date | 21-Apr-16 |
| Determination date | 02 May 2016 |
| Member | David Appleton |
| Representation | C Knowles ; J Buchanan |
| Location | Blenheim |
| Parties | Momo v Mount Riley Wines and Estates Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Whether applicant party to fraud – Pruner |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Respondent had no evidence of applicant’s involvement in alleged fraud. Respondent did not properly investigate concerns or inform applicant of allegations. Fair and reasonable employer could not have reached conclusion and dismiss in all circumstances. Dismissal unjustified. REMEDIES: No contributory conduct. Unlikely applicant would have stayed working under new supervisor at end of fixed term. Respondent to pay applicant $2,636 reimbursement of lost wages. $8,000 compensation for humiliation etc appropriate. |
| Result | Application granted ; Reimbursement of lost wages ($2,636.98) ; Compensation for humiliation etc ($8,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s66;ERA s67A(3);ERA s103A;ERA s120;ERA s123(1)(a);ERA s123(1)(c);ERA s123(1)(c)(i);ERA s124;ERA s128 |
| Cases Cited | Salt v Fell [2008] NZCA 128, [2008] 3 NZLR 193 |
| Number of Pages | 12 |
| PDF File Link: | 2016_NZERA_Christchurch_55.pdf [pdf 255 KB] |