| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 70/03 |
| Hearing date | 24 Jan 2003 |
| Determination date | 13 March 2003 |
| Member | A Dumbleton |
| Representation | B Lyons ; L Turner |
| Location | Auckland |
| Parties | Mistry v Goodman Fielder NZ Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Inability to perform employment contract - Alleged ban from client supermarket meant unable to fulfil duties - Alternative to dismissal shown possible because applicant's hours were not immediately reduced after the ban - Agreed to retain applicant on reduced hours on condition no personal grievance brought - Fair and reasonable to reduce to 10 hours - Applicant later rejected settlement - Sought to bring grievance - Applicant dismissed on two weeks notice - No misconduct or other sufficient cause - Dismissal unjustified - Remedies - Reinstatement ordered to position of 10 hours work with view to obtaining 25 hour position when available - Respondent could not revive misconduct which it did not rely upon earlier to argue against reinstatement - UNJUSTIFIED DISADVANTAGE - Reduction in hours in accordance with settlement justified - Failure to restore hours after notice of dismissal amounted to unjustified disadvantage - Merchandiser |
| Result | Application granted ; Reinstatement ordered ; Reimbursement of lost wages (Quantum to be determined by parties) ; Compensation for humiliation etc ($3,500) ; Costs reserved |
| Statutes | ERA s123;ERA s149 |
| Number of Pages | 8 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |