| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2016] NZERA Christchurch 105 |
| Hearing date | 9-Jun-16 |
| Determination date | 08 July 2016 |
| Member | Helen Doyle |
| Representation | G Paine ; R Donnelly |
| Location | Christchurch |
| Parties | Ngahooro v Southland YMCA Education Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably disadvantaged by workplace bullying and harassment – Applicant claimed unjustifiably dismissed – Tutor |
| Abstract | AUTHORITY FOUND –UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL: Respondent started investigation into bullying and harassment appropriately but did not provide applicant with formal conclusion into investigation. Applicant unjustifiably disadvantaged. No issues arise from choice of decision-maker. Warning not given as part of fair process and dismissal based on same conduct. Fair and reasonable employer could not justifiably conduct new disciplinary process and reach decision to dismiss when applicant already warned about same conduct. Fair and reasonable employer could not reach preliminary decision about serious misconduct in respect of conduct where allegation not made before meeting. Fair and reasonable employer could be expected to commence new disciplinary process in respect of allegation. Inquiry into applicant’s conduct not carried out in reasonable and fair manner. Fair and reasonable employer could conclude applicant’s conduct impacted on respondent’s reputation and ability to deal appropriately with complaints. Dismissal unjustified. REMEDIES: 60 per cent contributory conduct. Respondent to pay applicant reimbursement of lost wages, quantum to be determined. $5,300 compensation appropriate. |
| Result | Applications granted ; Contributory conduct (60%) ; Reimbursement of lost wages (quantum to be determined) ; Compensation for humiliation etc ($5,300) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4 ; ERA s103(1)(b) ; ERA s103A ; ERA s103A(3) ; ERA s124 |
| Cases Cited | B v Virgin Australia (NZ) Employment and Crewing Ltd [2013] NZEmpC 40, [2013] ERNZ 72 ; Christou & Ward v London Borough of Haringey [2012] IRLR 622 (EAT) ; Christou & Ward v London Borough of Haringey [2013] EWCA Civ 178 ; Service v Young Men’s Christian Association of Christchurch Inc [2011] NZEmpC 8 |
| Number of Pages | 25 |
| PDF File Link: | 2016_NZERA_Christchurch_105.pdf [pdf 324 KB] |