| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 259 |
| Hearing date | 9 & 10 May 2016 |
| Determination date | 29 July 2016 |
| Member | Vicki Campbell |
| Representation | S Scott; S Hood |
| Location | Hamilton |
| Parties | Milham v Chief Executive of the Waikato Institute of Technology |
| Summary | UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably disadvantaged by disciplinary investigation and retention of disciplinary letter on file– Applicant claimed unjustifiably dismissed by respondent – Team manager |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL: Applicant not given sufficient information prior to interview, not given copy of draft report and not given opportunity to correct errors. Statements provided by others not signed as true and correct. Not clear which policy investigation conducted under. Respondent did not follow own guidelines for disciplinary process. Respondent breached good faith by changing applicant’s direct reports without consultation during investigation. Applicant unjustifiably disadvantaged. Doubt over genuineness of redundancy. Satisfied that redundancy guise for ending applicant’s employment. Respondent did not inform respondent that interviews with staff being conducted, even though feedback from staff relied on for redundancy. Respondent failed to follow processes regarding redundancy. Dismissal unjustified. REMEDIES: Reinstatement not reasonable or practicable. No contributory conduct. Respondent to pay applicant reimbursement of lost wages, quantum to be determined. $15,000 compensation appropriate. |
| Result | Applications granted ; Reimbursement of lost wages (quantum to be determined) ; Compensation for humiliation etc ($15,000) |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s103A;ERA s103A(3);ERA s124;ERA s128(3);ERA s174E |
| Cases Cited | Angus v Ports of Auckland Ltd [2011] NZEmpC 160, [2011] ERNZ 466;Brake v Grace Team Accounting [2013] NZEmpC 81, [2013] ERNZ 170;Goel v Director-General for Primary Industries [2015] NZEmpC 214;Grace Team Accounting Ltd v Brake [2014] NZCA 541, [2015] 2 NZLR 494 |
| Number of Pages | 29 |
| PDF File Link: | 2016_ NZERA_ Auckland_ 259.pdf [pdf 272 KB] |