| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2016] NZERA Christchurch 178 |
| Hearing date | 29-Sep-16 |
| Determination date | 29 September 2016 |
| Member | T Tetitaha |
| Representation | J Goldstein ; P Zwart |
| Location | Christchurch |
| Parties | Wealleans v A Feminine Finish Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Abandonment - Applicant claimed unjustifiably dismissed by respondent – PENALTY – GOOD FAITH – Applicant sought penalty for respondent’s breach of good faith and failure to provide written employment agreement – COUNTERCLAIM - PENALTY – GOOD FAITH – Respondent sought penalty for applicant’s breach of good faith - Cleaner |
| Abstract | AUTHORITY FOUND –UNJUSTIFIED DISMISSAL: Order for non-publication of medical information. Applicant provided respondent with medical certificates while absent from work. Respondent failed to make inquiries or raise concerns with applicant before alleging abandonment. Reasonable employer could not have concluded applicant abandoned employment. Respondent in no uncertain terms told applicant of dismissal. Respondent did not follow procedural fairness requirements. Dismissal unjustified. REMEDIES: No contributory conduct. $15,000 compensation appropriate.PENALTY – GOOD FAITH: Respondent breached good faith by failing to take steps to determine whether applicant abandoned employment. Breach serious but not sustained. Respondent did not fail to provide written employment agreement. No penalty.COUNTERCLAIM - PENALTY – GOOD FAITH: Applicant lied about reason for being off work but was one-off event. No penalty. |
| Result | Application granted (unjustified dismissal) ; Compensation for humiliation etc ($15,000) ; Applications dismissed (penalty – good faith)(counterclaim – penalty – good faith) |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A) ; ERA s103A(2) ; ERA s103A(3) ; ERA s103A(5) ; ERA s128(2) ; ERA s128(3) ; ERA Second Schedule cl10 |
| Cases Cited | Allen v TransPacific Industries Group Ltd (t/a Media Smart Ltd) (2009) 6 NZELR 530 (EmpC) ; Angus v Ports of Auckland Ltd (No 2) [2011] NZEmpC 160, [2011] ERNZ 466 ; Carter Holt Harvey v Yukich [2005] ERNZ 300 (CA) ; E N Ramsbottom Ltd v Chambers [2000] 2 ERNZ 97 (CA) ; Finau v Carter Holt Building Supplies [1993] 2 ERNZ 971 (EmpC) ; Goodfellow v Building Connexion Ltd t/a ITM Building Centre [2010] NZEmpC 82 |
| Number of Pages | 10 |
| PDF File Link: | 2016_NZERA_Christchurch_178.pdf [pdf 181 KB] |