| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 17 |
| Hearing date | 26-Nov-15 |
| Determination date | 15 January 2016 |
| Member | V Campbell |
| Representation | T Oldfield ; M Robins |
| Location | Auckland |
| Parties | Y v X |
| Summary | UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Serious Misconduct - Applicant claimed unjustifiably disadvantaged by suspension – Applicant claimed unjustifiably dismissed by respondent |
| Abstract | AUTHORITY FOUND –UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL: Order for non-publication of identifying details of parties. Applicant not given opportunity to give feedback on concerns that led to suspension. Suspension prevented applicant from remaining current in qualifications. Applicant unjustifiably disadvantaged by suspension. Respondent’s investigation into applicant’s conduct deficient in number of areas. Respondent failed to investigate concerns raised by applicant about behaviour of other employees. Respondent failed to put applicant on notice that daily monitoring ongoing. Fair and reasonable employer could not have concluded that applicant lied about incident. Dismissal unjustified. REMEDIES: Reinstatement not practicable or reasonable. No contributory conduct. Respondent to pay applicant $26,115 reimbursement of lost wages. $15,000 compensation for humiliation appropriate. Compensation for loss of holiday pay and employer KiwiSaver contribution benefits appropriate, quantum to be determined. Interest payable. |
| Result | Applications granted ; Reimbursement of lost wages ($26,115.99) ; Compensation for loss of benefit (quantum to be determined) ; Interest payable (5%) ; Compensation for humiliation etc ($15,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A(1) ; ERA s103A(2) ; ERA s103A(5) ; ERA s125(2) ; ERA Second Schedule cl10(1) ; Domestic Violence Act 1995 |
| Cases Cited | Angus v Ports of Auckland Ltd (No 2) [2011] NZEmpC 160, [2011] ERNZ 466 ; Ashton v Shoreline Hotel [1994] 1 ERNZ 421 (EmpC) ; New Zealand Educational Institute v Board of Trustees of Auckland Normal Intermediate School [1992] 3 ERNZ 243 (EmpC) ; C v Air Nelson Ltd [2010] NZEmpC 18 ; George v Auckland Council [2014] NZCA 209, [2014] ERNZ 72 ; Goel v Director-General for Primary Industries [2015] NZEmpC 214 ; Gunning v Bankrupt Vehicle Sales and Finance Ltd [2013] NZEmpC 212, (2013) 11 NZELR 240 ; H v A Ltd [2014] NZEmpC 92, [2014] ERNZ 38 ; Hall v Dionex Pty Ltd [2015] NZEmpC 29 ; New Zealand Institute of Fashion Technology v Aitken [2004] 2 ERNZ 340 (EmpC) ; Northern Hotel IUOW etc v Rotorua Returned Services Association Inc [1989] 3 NZILR 497 (LC) ; Sefo v Sealord Shellfish Ltd [2008] ERNZ 178 (EmpC) ; STAMS v Denhards Bakeries Co (No 2) [1991] 3 ERNZ 941 (EmpC) ; Timmins v Asurequality Ltd [2011] NZEmpC 167 ; Y v D [2004] 1 ERNZ 1 (EmpC) |
| Number of Pages | 32 |
| PDF File Link: | 2016_NZERA_Auckland_17.pdf [pdf 412 KB] |