| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2016] NZERA Wellington 142 |
| Hearing date | 18 to 20 April 2016 (3 days) |
| Determination date | 25 November 2016 |
| Member | M Loftus |
| Representation | B Bucket, J Boyle ; SJ Davis |
| Location | Wellington |
| Parties | Talbot v Coriglade Ltd t/a Geeks on Wheels |
| Summary | UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Incapacity – Applicant claimed unjustifiably disadvantaged by failure to provide safe work environment and failure to act as fair and reasonable employer – Applicant claimed unjustifiably dismissed by respondent – COUNTERCLAIM – PENALTY – GOOD FAITH – Respondent sought penalty for applicant’s breach of good faith - Manager |
| Abstract | AUTHORITY FOUND -UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL: Respondent’s account of workplace environment preferred. Applicant did not raise bullying with respondent for months and originally sought reinstatement. Applicant failed to provide convincing medical evidence of stress. Applicant not subjected to bullying or harassment. Respondent did not act in bad faith. No unjustified disadvantage. Respondent followed fair process in dismissing employee. Dismissal justified.COUNTERCLAIM – PENALTY – GOOD FAITH: Claim not specifically evidenced. No penalty. |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A)(b) ; ERA s174C(3) ; ERA s174C(4) |
| Cases Cited | Motor Machinists Ltd v Craig [1996] 2 ERNZ 585 (EmpC) |
| Number of Pages | 14 |
| PDF File Link: | 2016_NZERA_Wellington_142.pdf [pdf 358 KB] |