| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 404 |
| Hearing date | 16 Nov 2016 - 17 Nov 2016 (2 days) |
| Determination date | 09 December 2016 |
| Member | A Fitzgibbon |
| Representation | A Kersjes ; S Tee |
| Location | Auckland |
| Parties | Leech v Big Mal Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Summary Dismissal – Labourer |
| Abstract | AUTHORITY FOUND –UNJUSTIFIED DISMISSAL: Fair and reasonable employer could not have reached conclusion that applicant’s conduct serious enough to justify dismissal. Respondent did not properly investigate concerns. Dismissal letter did not mention altercation as reason for dismissal. Respondent did not follow fair process in dismissing applicant. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $7,087 reimbursement of lost wages. $10,000 compensation appropriate. |
| Result | Application granted ; Reimbursement of lost wages ($7,087.50) ; Compensation for humiliation etc ($10,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A(1) ; ERA s103A(2) ; ERA s103A(3) ; ERA s103A(5) ; ERA s124 |
| Cases Cited | Angus v Ports of Auckland Ltd [2011] NZEmpC 160, [2011] ERNZ 466 ; Northern Distribution Union v BP Oil New Zealand Ltd [1992] 3 ERNZ 483 (CA) |
| Number of Pages | 16 |
| PDF File Link: | 2016_NZERA_Auckland_404.pdf [pdf 280 KB] |