| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2016] NZERA Christchurch 63 |
| Hearing date | 16 & 17 May 2016 (2 days) |
| Determination date | 17 May 2016 |
| Member | Christine Hickey |
| Representation | MJ Thomas ; S Brookes |
| Location | Invercargill |
| Parties | Franks v Alliance Group Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Meat worker |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Respondent breached duty of good faith to be communicative. Respondent did not provide notes of further investigation. Breaches not minor and resulted in applicant being treated unfairly. Dismissal unjustified. REMEDIES: Applicant’s post-dismissal behaviour proved no trust and confidence with respondent. Reinstatement not practicable or reasonable. No contributory conduct. Respondent to pay applicant $13,000 reimbursement of lost wages. $7,000 compensation for humiliation etc appropriate. |
| Result | Application granted ; Reimbursement of lost wages ($13,000) ; Compensation for humiliation etc ($10,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s123(1)(b);ERA s123(1)(c)(i);ERA s124;ERA s128(2) |
| Cases Cited | Angus v Ports of Auckland Ltd [2011] NZEmpC 160, [2011] ERNZ 466;Chief Executive of Ministry of Maori Development v Travers-Jones [2003] 1 ERNZ 174 (EmpC);Howard v Carter Holt Harvey Packaging Ltd [2014] NZEmpC 157;Lewis v Howick College Board of Trustees [2010] NZCA 320 |
| Number of Pages | 20 |
| PDF File Link: | 2016_NZERA_Christchurch_63.pdf [pdf 243 KB] |