| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2016] NZERA Christchurch 118 |
| Hearing date | 23/06/2016 |
| Determination date | 20 July 2016 |
| Member | David Appleton |
| Representation | M McDonald; K Dalziel |
| Location | Christchurch |
| Parties | Sheppard-Johnson v Zeroes Coffee Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably disadvantaged by suspension without consultation – Applicant claimed unjustifiably dismissed by respondent – ARREARS OF WAGES – Applicant sought arrears wages from respondent – Barista |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL: Respondent did not consult with applicant prior to suspension. Procedural defect minor, suspension justified. No unjustified disadvantage. Applicant’s expression of intention to call in sick next day insufficient to amount to misconduct. Respondent questioned genuineness of medical certificate. Applicant did not admit to misconduct allegation. Fair and reasonable employer could not have reached decision to dismiss without further inquiry. No procedural fairness. Dismissal unjustified. REMEDIES: No contributory conduct. Applicant’s evidence inconsistent and sought to mislead Authority. No compensation for humiliation etc. Respondent to pay applicant $1,260 reimbursement of lost wages. Recommended respondent follow processes when questioning sick leave validity.;ARREARS OF WAGES: Parties did not dispute arrears owed. Respondent to pay applicant $260 arrears of wages. |
| Result | Applications granted (unjustified dismissal)(arrears of wages) ; Reimbursement of lost wages ($1,260) ; Recommendation made ; Arrears of wages ($260) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s103A;ERA s123;ERA s123(1)(c)(i);ERA s124;Holidays Act 2003 s68 |
| Cases Cited | Adams t/a Untouchable Hair & Skin v Brown [2015] NZEmpC 77;Honda New Zealand Ltd v New Zealand Boilermakers Union [1991] 1 NZLR 392 (CA);New Zealand (with exceptions) Shipwrights etc Union v Honda NZ Ltd [1989] 3 NZILR 82 (LC) |
| Number of Pages | 28 |
| PDF File Link: | 2016_NZERA_Christchurch_118.pdf [pdf 252 KB] |