| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 164 |
| Hearing date | 25-May-16 |
| Determination date | 25 May 2016 |
| Member | Tania Tetitaha |
| Representation | D Vinnicombe ; L Budge |
| Location | Auckland |
| Parties | Spencer v Te Anua Nua Trust |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct - Applicant claimed unjustifiably dismissed by respondent – Summary dismissal - COSTS – Applicant sought contribution to costs – Support worker |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Respondent failed to follow clear disciplinary procedure as required by employment agreement. Reasonable employer would have done so. Applicant unjustifiably dismissed. REMEDIES: 50 per cent contributory conduct. Respondent to pay applicant reimbursement of lost wages, quantum to be determined. $3,000 compensation appropriate.;COSTS: Half day investigation meeting. Appropriate to apply notional daily tariff. Respondent to pay applicant $1,750 contribution to costs. |
| Result | Application granted ; Contributory conduct (50%) ; Reimbursement of lost wages (quantum to be determined) ; Compensation for humiliation etc ($3,000) ; Costs in favour of applicant ($1,750) ; Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s103A(3);ERA s103A(5);ERA s124;ERA s128 |
| Cases Cited | Allen v TransPacific Industries Group Ltd (t/a Media Smart Ltd) (2009) 6 NZELR 530 (EmpC); Angus v Ports of Auckland Ltd [2011] NZEmpC 160, [2011] ERNZ 466;Finau v Carter Holt Building Supplies [1993] 2 ERNZ 971 (EmpC) |
| Number of Pages | 7 |
| PDF File Link: | 2016_NZERA_Auckland_164.pdf [pdf 240 KB] |