| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 260 |
| Hearing date | 16 and 30 May 2016 |
| Determination date | 01 August 2016 |
| Member | Vicki Campbell |
| Representation | SJ Davies; G Brant |
| Location | Hamilton |
| Parties | Wicks v Symonite Panels Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably disadvantaged by failure to provide new employment agreement after restructure and abuse from manager - Applicant claimed unjustifiably dismissed by respondent – Summary dismissal – PENALTY – Applicant sought penalty for failure to provide wage and time and holiday and leave records |
| Abstract | AUTHORITY FOUND –UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL: Applicant given unsigned copy of job description during restructuring process. No confusion after jobs applicant restructured into. Applicant’s unhappiness with receiving calls not disadvantageous. Applicant addressed concerns about abuse directly with manager. Applicant chose not to take matter any further. No unjustified disadvantage. Applicant not told prior to attending disciplinary meeting that employment in jeopardy or given opportunity to seek representation. Applicant not given all information about incident and so could not fully respond. Respondent took into account information not put to applicant. No investigation undertaken. Dismissal unjustified. REMEDIES: 25 per cent contribution. Respondent to pay applicant reimbursement of lost wages, quantum to be determined. $5,250 compensation appropriate.PENALTY: No real purpose served by awarding penalties. No penalty. |
| Result | Application granted(unjustified dismissal) ; Contributory conduct (25%) ; Reimbursement for lost wages (quantum to be determined) ; Compensation for humiliation etc ($5,250) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A(3) ; ERA s103A(5) ; ERA s124 ; ERA s130(2) ; ERA s174E ; Holidays Act 2003 s82(2) |
| Cases Cited | Angus v Ports of Auckland Ltd [2011] NZEmpC 160, [2011] ERNZ 466 ; Tan v Yang [2014] NZEmpC 65, [2014] ERNZ 733 |
| Number of Pages | 12 |
| PDF File Link: | 2016_NZERA_Auckland_260.pdf [pdf 187 KB] |