| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2017] NZERA Wellington 13 |
| Hearing date | 18-Nov-16 |
| Determination date | 02 March 2017 |
| Member | M Loftus |
| Representation | S Mitchell, J Lynch ; M Williams |
| Location | Napier |
| Parties | Waihape v AFFCO New Zealand Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent |
| Abstract | AUTHORITY FOUND –UNJUSTIFIED DISMISSAL: Insufficient evidence to justify respondent’s conclusions of serious misconduct. Respondent did not raise all concerns with applicant or fairly consider applicant’s response to concerns. Dismissal unjustified. REMEDIES: No contributory conduct. Reinstatement practicable and reasonable. Respondent to pay applicant reimbursement of lost wages, quantum to be determined. $6,000 compensation appropriate. |
| Result | Application granted ; Reinstatement ordered ; Reimbursement of lost wages (quantum to be determined) ; Compensation for humiliation etc ($6,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A ; ERA s124 |
| Cases Cited | Howe v The Internet Group Ltd (IHUG) [1999] 1 ERNZ 879 (EmpC) |
| Number of Pages | 10 |
| PDF File Link: | 2017_NZERA_Wellington_13.pdf [pdf 175 KB] |