| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 406 |
| Hearing date | 22-Nov-16 |
| Determination date | 12 December 2016 |
| Member | E Robinson |
| Representation | K Usmar ; A Till |
| Location | Tauranga |
| Parties | Millin v Intertruck Distributors (NZ) Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Incapacity – Applicant claimed unjustifiably disadvantaged by failure to provide gradual return to work programme after agreement to do so and failure to provide wage and time records on request – Applicant claimed unjustifiably dismissed by respondent – Fitter/welder |
| Abstract | AUTHORITY FOUND –UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL: Applicant not employee at time when gradual return to work due to commence or when wage and time records requested. Applicant not unjustifiably disadvantaged. Applicant unable to return to work for 30 days. Possible for applicant to return sooner but only on light duties. Dismissal substantively justified. Respondent failed to give applicant opportunity to respond to allegations of potential resignation, did not tell applicant about proposal of dismissal or give applicant chance to respond, or consider applicant’s response. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $2,000 reimbursement of lost wages. $7,500 compensation appropriate. |
| Result | Application granted (unjustified dismissal) ; Reimbursement of lost wages ($2,000) ; Compensation for humiliation etc ($7,500) ; Application dismissed (unjustified disadvantage) ; Disbursements in favour of applicant ($71.56)(filing fee) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103(1)(b) ; ERA s103A(3) ; ERA s128(3) |
| Cases Cited | Scissor Platforms (1997) Ltd v Brien [1999] 2 ERNZ 672 (EmpC) |
| Number of Pages | 11 |
| PDF File Link: | 2016_NZERA_Auckland_406_amended.pdf [pdf 207 KB] |