| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 323 |
| Hearing date | 2,3 & 5 Aug 2016 (3 days) |
| Determination date | 22 September 2016 |
| Member | E Robinson |
| Representation | C Stewart ; S Dench |
| Location | Auckland |
| Parties | Nel v ASB Bank Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Manager |
| Abstract | AUTHORITY FOUND –UNJUSTIFIED DISMISSAL: Order for non-publication of identified details of affected employee and applicant’s wife. Respondent followed fair process in dismissing applicant. Fair and reasonable employer could have concluded that applicant’s actions constituted serious misconduct. No disparity of treatment. Dismissal not appropriate outcome in all circumstances. REMEDIES: Reinstatement not practicable or reasonable. 90 per cent contributory conduct. Respondent to pay applicant reimbursement of lost wages (quantum to be determined). $1,500 compensation appropriate. |
| Result | Application granted ; Contributory conduct (90%) ; Reimbursement of lost wages (quantum to be determined) ; Compensation for humiliation etc ($1,500) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A ; ERA s103A(3) ; ERA s125(2) ; ERA s128(2) ; ERA s128(3) ; ERA Second Schedule cl10(1) |
| Cases Cited | Angus v Ports of Auckland Ltd (No 2) [2011] NZEmpC 160, [2011] ERNZ 466 ; Air New Zealand Ltd v V [2009] ERNZ 185 (EmpC) ; Chief Executive of the Department of Inland Revenue v Buchanan [2005] ERNZ 767 (CA) ; Cooke v Tranz Rail Ltd [1996] 1 ERNZ 610 (EmpC) ; Goodfellow v Building Connexion Ltd t/a ITM Building Centre [2010] NZEmpC 82 ; New Zealand Educational Institute v Board of Trustees of New Zealand Normal Intermediate School EmpC Auckland AEC33/97, 5 May 1997 ; Northern Distribution Union v BP Oil New Zealand Ltd [1992] 3 ERNZ 483 (CA) ; Samu v Air New Zealand Ltd [1995] 1 ERNZ 636 (CA) |
| Number of Pages | 40 |
| PDF File Link: | 2016_NZERA_Auckland_323.pdf [pdf 494 KB] |