| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2016] NZERA Wellington 65 |
| Hearing date | 24 & 25 May 2016 (2 days) |
| Determination date | 03 June 2016 |
| Member | Trish MacKinnon |
| Representation | R Jamieson ; R Walker |
| Location | Wellington |
| Parties | Norris v Auto Logistics (NZ) Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably disadvantaged by respondent’s unilateral change in duties – Applicant claimed unjustifiably dismissed – Failure to follow reasonable and lawful instruction - Driver |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL: Respondent did not comply with good faith in unilaterally changing applicant’s duties without prior discussion. Respondent assured applicant that move temporary but failed to communicate to applicant if situation changed. Respondent’s actions not actions of fair and reasonable employer. Applicant financially disadvantaged by change and felt let down by respondent. Applicant unjustifiably disadvantaged. Reasonable for respondent to request that applicant do gardening. Unreasonable for respondent to require applicant to undergo drug test that did not comply with terms of employment agreement. Respondent only relied on refusal to undertake drug test to justify dismissal. No serious misconduct justifying dismissal. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $6,811 reimbursement of lost wages. $10,000 compensation appropriate. |
| Result | Applications granted ; Reimbursement of lost wages ($6,811.62) ; Compensation for humiliation etc ($10,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s4(1A);ERA s103A;ERA s124;ERA s128 |
| Cases Cited | Parker v Silver Fern Farms Ltd [2009] ERNZ 301 (EmpC) |
| Number of Pages | 12 |
| PDF File Link: | 2016_NZERA_Wellington_65.pdf [pdf 130 KB] |