| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 212 |
| Hearing date | 16-Jun-16 |
| Determination date | 28 June 2016 |
| Member | Rachel Larmer |
| Representation | N Santesso ; M Colhart |
| Location | Auckland |
| Parties | Hemmingson v Matthew Russell Andrew Swan t/a Barkers Groom Room |
| Summary | UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed constructively dismissed by respondent – COSTS – Applicant sought contribution towards costs – Hairdresser |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Respondent’s response to applicant’s decision to gender transition amounted to fundamental breach of trust and confidence. Applicant not given reasonable opportunity to discuss potential issues. Respondent approached meeting with pre-determination that applicant’s decision to transition did not suit business. Reasonably foreseeable that applicant would refuse to continue working under circumstances. Respondent did not comply with good faith requirements. No procedural fairness. Applicant constructively dismissed. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $3,248 reimbursement of lost wages. $11,000 compensation for humiliation etc appropriate.;COSTS: Two days investigation meeting. Respondent to pay applicant $5,000 contribution towards costs. |
| Result | Application granted ; Reimbursement of lost wages ($3,248) ; Compensation for humiliation etc ($11,000) ; Costs in favour of applicant ($5,000) ; Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s103A;ERA s103A(3);ERA s123(1)(c)(i);ERA s128(2) |
| Number of Pages | 15 |
| PDF File Link: | 2016_NZERA_Auckland_212.pdf [pdf 242 KB] |