| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 285 |
| Hearing date | 12-Jun-15 |
| Determination date | 18 September 2015 |
| Member | V Campbell |
| Representation | P Anderson (in person) ; D Black |
| Location | Auckland |
| Parties | Anderson v Allied Investments Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Serious Misconduct - Applicant claimed unjustifiably disadvantaged by suspension – Applicant claimed unjustifiably dismissed by respondent – Tripartite employment relationship – ARREARS OF WAGES – Applicant sought arrears of wages - Security guard |
| Abstract | AUTHORITY FOUND –UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL: Order for non-publication of respondent’s client and associated employees. Applicant suspended without pay and without consultation over proposal to suspend. Respondent’s actions not actions fair and reasonable employer could take. Applicant unjustifiably disadvantaged. Following investigation of alleged misconduct, cannot be said with certainty that respondent had concluded that applicant’s actions should give rise to dismissal. Decision to dismiss pre-determined. Dismissal unjustified. REMEDIES: 25 per cent contributory conduct. Respondent to pay applicant reimbursement of lost wages, quantum to be determined. $11,250 compensation appropriate.ARREARS OF WAGES: Applicant not paid for two weeks of suspension. Respondent to pay applicant arrears of wages, quantum to be determined. |
| Result | Applications granted ; Contributory conduct (25%) ; Reimbursement of lost wages (quantum to be determined) ; Compensation for humiliation etc ($11,250) ; Arrears of wages (quantum to be determined) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A ; ERA s103A(3) ; ERA s103A(5) ; ERA s124 ; ERA s157(1) ; ERA s174 ; ERA s174E ; ERA Second Schedule cl10(1) |
| Cases Cited | Angus v Ports of Auckland Ltd [2011] NZEmpC 160, [2011] ERNZ 466 ; C v Air Nelson Ltd [2010] NZEmpC 18 ; H v A Ltd [2014] NZEmpC 92, [2014] ERNZ 38 |
| Number of Pages | 17 |
| PDF File Link: | 2015_NZERA_Auckland_285.pdf [pdf 232 KB] |