| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2016] NZERA Christchurch 76 |
| Hearing date | 2-Jun-16 |
| Determination date | 02 June 2016 |
| Member | Peter van Keulen |
| Representation | P de Wattignar ; C Crichton |
| Location | Dunedin |
| Parties | Heathman-Anngow v Bed Bath & Beyond NZ Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably disadvantaged by respondent’s failure to resolve claims of bullying – Applicant claimed unjustifiably dismissed by respondent – Sales Assistant |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL: Order for non-publication of identifying details of other employee. Respondent did not fully investigate applicant’s complaint in breach of good faith. Respondent also failed to conclude complaint properly. Applicant unjustifiably disadvantaged. Decision to restructure for genuine commercial reasons but doubts about whether applicant’s selection for redundancy for genuine motivations. Respondent failed to provide sufficient information to applicant at many stages of consultation. Applicant not given opportunity to provide meaningful feedback. Respondent did not consider redeployment. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $2,546 reimbursement of lost wages. $12,000 compensation appropriate. |
| Result | Applications granted ; Reimbursement of lost wages ($2,546.25) ; Compensation for humiliation etc ($12,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s103;ERA s103A |
| Cases Cited | Grace Team Accounting Ltd v Brake [2014] NZCA 541, [2015] 2 NZLR 494;GN Hale & Son Ltd v Wellington Caretakers IUOW [1991] 1 NZLR 151 (CA);PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 (EmpC);Vice-Chancellor of Massey University v Wrigley [2011] NZEmpC 37, [2011] ERNZ 138 |
| Number of Pages | 22 |
| PDF File Link: | 2016_NZERA_Christchurch_76.pdf [pdf 228 KB] |