| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2017] NZERA Wellington 7 |
| Hearing date | 28-Sep-16 |
| Determination date | 15 February 2017 |
| Member | T MacKinnon |
| Representation | N Flint ; G Ballara |
| Location | Palmerston North |
| Parties | Brokenshire v Spotless Facility Services (New Zealand) Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct - Applicant claimed unjustifiably dismissed by respondent – Maintenance Supervisor |
| Abstract | AUTHORITY FOUND –UNJUSTIFIED DISMISSAL: Respondent did not conduct sufficient investigation. Likely that decision maker influenced by adverse views about applicant formed by other staff. Dismissal unjustified. REMEDIES: 25 per cent contributory conduct. Respondent to pay applicant $8,866 reimbursement of lost wages. $6,750 compensation appropriate. |
| Result | Application granted ; Contributory conduct (25%) ; Reimbursement of lost wages ($8,866.29) ; Compensation for humiliation etc ($6,750) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A(2) ; ERA s103A(3) ; ERA s103A(5) ; ERA s124 ; ERA s128 ;ERA s174D(2) ; ERA s174D(3) ; ERA s174E |
| Cases Cited | A Ltd v H [2016] NZCA 419, [2017] 2 NZLR 295 |
| Number of Pages | 15 |
| PDF File Link: | 2017_NZERA_Wellington_7.pdf [pdf 235 KB] |