| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 155 |
| Hearing date | 2 & 3 Mar 2016 (2 days) |
| Determination date | 23 May 2016 |
| Member | Robin Arthur |
| Representation | A Bendall ; P McBride |
| Location | Auckland |
| Parties | Taylor v Idea Services Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Support worker |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Order for non-publication of details of respondent’s service users. Respondent failed to undertake real critical assessment of witness’ evidence. Respondent failed to put relevant information to applicant for comment. Respondent failed to make appropriate inquiries into context of incident at hand. Respondent did not act as fair and reasonable employer. Conduct of which applicant accused most similar to what respondent’s disciplinary procedure described as “unsatisfactory conduct” capable of giving rise to warnings before dismissal. Respondent treated other employee with similar behaviour differently. Fair and reasonable employer would have understood context of incident. Dismissal unjustified. REMEDIES: 10 per cent contributory conduct. Respondent to pay applicant $10,706 reimbursement of lost wages. $10,800 compensation for humiliation. |
| Result | Application granted ; Contributory conduct (10%) ; Reimbursement of lost wages ($10,706) ; Compensation for humiliation etc ($10,800) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s124;ERA s157(1);ERA s160(2);ERA s174E;ERA Second Schedule cl10;Crimes Act 1961 s216B(2) |
| Cases Cited | D’Arcy Smith v Natural Habitats Ltd [2015] NZEmpC 123;Fleet v Idea Services Ltd ERA Auckland AA73/09, 10 March 2009;Hall v Dionex Pty Ltd [2015] NZEmpC 29;Hansen v Idea Services Ltd [2015] NZERA Wellington 87;Honda NZ Ltd v New Zealand Boilermakers Union [1991] 1 NZLR 392 (CA);IHC New Zealand Inc v Fitzgerald [2006] ERNZ 932 (EmpC);New Zealand (with exceptions) Shipwrights etc Union v Honda NZ Ltd [1989] 3 NZILR 82 (LC);Randall v IHC New Zealand Inc ERA Wellington WA64/03, 30 April 2003;Ritchies Transport Holdings Ltd v Merennage [2015] NZEmpC 198;Talbot v Air New Zealand Ltd [1996] 1 NZLR 414 (CA);Whanganui College Board of Trustees v Lewis [2000] 1 ERNZ 397 (CA) |
| Number of Pages | 21 |
| PDF File Link: | 2016_NZERA_Auckland_155.pdf [pdf 391 KB] |