| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2016] NZERA Wellington 91 |
| Hearing date | 3/05/2016 |
| Determination date | 29 July 2016 |
| Member | Mike Loftus |
| Representation | G Tayler; J Nadan |
| Location | Napier |
| Parties | Brown v Advance International Cleaning Systems (NZ) Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Incapacity – Applicant claimed unjustifiably dismissed by respondent – Account manager |
| Abstract | AUTHORITY FOUND –UNJUSTIFIED DISMISSAL: Respondent did not question lack of response from applicant or put applicant on notice that failure to provide information could be detrimental. Indications that applicant close to returning to work. When deciding to dismiss, respondent took into account other factors not discussed with applicant. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $10,344 reimbursement of lost wages. $6,000 compensation appropriate. |
| Result | Application granted ; Reimbursement of lost wages ($10,344.55) ; Compensation for humiliation etc ($6,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A ; ERA s103A(5) ; ERA s124 ; ERA s128(2) ; ECA s40 ; ECA s41 |
| Cases Cited | Alapiti v Chief Executive of the Department of Corrections [2015] NZEmpC 7 ; Motor Machinists Ltd v Craig [1996] 2 ERNZ 585 (EmpC) ; The Salad Bowl Ltd v Howe-Thornley [2013] NZEmpC 152, [2013] ERNZ 326 ; Trotter v Telecom Corporation of New Zealand Ltd [1993] 2 ERNZ 659 (EmpC) |
| Number of Pages | 10 |
| PDF File Link: | 2016_ NZERA_ Wellington_91.pdf [pdf 174 KB] |