| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2016] NZERA Christchurch 169 |
| Hearing date | 29-Jul-16 |
| Determination date | 23 September 2016 |
| Member | H Doyle |
| Representation | M McDonald ; T Smith |
| Location | Christchurch |
| Parties | Bray v James Scott Construction Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Dismissal – Applicant claimed unjustifiably dismissed by respondent |
| Abstract | AUTHORITY FOUND –UNJUSTIFIED DISMISSAL: Fair and reasonable employer could be expected to have directly communicated with applicant to advise not dismissed. Respondent deliberately decided not to contact applicant. Applicant did not resign after incident. Failure to communicate after incident amounted to dismissal. Procedural fairness requirements not met. Dismissal unjustified. REMEDIES: 10 per cent contributory conduct. Respondent to pay applicant $3,308 reimbursement of lost wages. $6,300 compensation appropriate. |
| Result | Application granted ; Contributory conduct (10%) ; Reimbursement of lost wages ($3,308.11) ; Compensation for humiliation etc ($6,300) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A ; ERA s103A(3) ; ERA s103A(4) |
| Cases Cited | Lim v Meadow Mushrooms Ltd [2015] NZEmpC 192 ; New Zealand Cards Ltd v Ramsay [2012] NZEmpC 51 ; Taylor v Milburn Lime Ltd [2011] NZEmpC 164, (2011) 9 NZELR 275 |
| Number of Pages | 11 |
| PDF File Link: | 2016_NZERA_Christchurch_169.pdf [pdf 129 KB] |