| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 102 |
| Hearing date | 3-Feb-16 |
| Determination date | 04 April 2016 |
| Member | V Campbell |
| Representation | R Gillies, N Ward ; J Shingleton |
| Location | Auckland |
| Parties | Kater v Streamline Freight A Division of Streamline Cartage and Storage Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Incompatibility - Applicant claimed unjustifiably disadvantaged by suspension – Applicant claimed unjustifiably dismissed by respondent – PENALTY – GOOD FAITH - Applicant sought penalty for respondent’s breach of good faith – Accountant |
| Abstract | AUTHORITY FOUND –UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL: Respondent did not adhere to provisions of employment agreement in suspending applicant. Applicant unjustifiably disadvantaged. Not satisfied that respondent could reasonably have concluded that employment relationship irreparable or that disharmony in working relationship solely attributable to applicant. Respondent did not fully investigate concerns. Respondent did not provide all relevant information to applicant or give applicant opportunity to comment on proposed dismissal. Dismissal unjustified. REMEDIES: No contributory conduct. $10,000 compensation appropriate.PENALTY – GOOD FAITH: Breach of good faith already recognised in remedies for personal grievance. No special facets of breach calling for further punishment. No penalty. |
| Result | Applications granted (unjustified disadvantage)(unjustified dismissal) ; Compensation for humiliation etc ($10,000) ; Application dismissed (penalty) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A ; ERA s103A(3) ; ERA s124 ; ERA s174E |
| Cases Cited | Angus v Ports of Auckland Ltd (No 2) [2011] NZEmpC 160, [2011] ERNZ 466 ; Birss v Callahan [1984] 1 NZLR 513 (CA) ; Mabry v West Auckland Living Skills Home Trust Board (Inc) (2002) 6 NZELC 96,573 ; Reid v New Zealand Fire Service Commission [1999] 1 ERNZ 104 (CA) ; Xu v McIntosh [2004] 2 ERNZ 448 (EmpC) |
| Number of Pages | 15 |
| PDF File Link: | 2016_NZERA_Auckland_102.pdf [pdf 150 KB] |