| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 82 |
| Hearing date | 28 Feb 2017 and 1 Mar 2017 (2 days) |
| Determination date | 23 March 2017 |
| Member | A Fitzgibbon |
| Representation | A Kelleher ; E Morrison, J Yan |
| Location | Auckland |
| Parties | Zhao v Multimarketing Ltd |
| Summary | UNJUSTFIED DISMISSAL - Misconduct - Applicant claimed unjustifiably dismissed by respondent - Marketer |
| Abstract | AUTHORITY FOUND -;UNJUSTFIED DISMISSAL: Applicant not performing other work while employed by respondent and not carrying on business in competition. Respondent never informed applicant that she couldn’t make personal phone calls at work. Applicant did not refuse to follow reasonable instructions. Respondent breached good faith by failing to provide information request by applicant, not giving applicant opportunity to comment and not genuinely considering applicant’s response. Dismissal procedurally flawed. REMEDIES: No contributory conduct. $17,500 compensation appropriate. Respondent to pay applicant $10,147 reimbursement of lost wages. |
| Result | Application granted ; Compensation for humiliation etc ($17,500) ; Reimbursement of lost wages ($10,147.41) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A) ; ERA s103A ; ERA s103A(2) ; ERA s103A(3) ; ERA s124 ; ERA s128(2) ; ERA s128(3) ; ERA s174 |
| Cases Cited | BP Oil New Zealand Ltd v Northern Distribution Union [1992] 3 ERNZ 483 (CA) |
| Number of Pages | 20 |
| PDF File Link: | 2017_NZERA_Auckland_82.pdf [pdf 245 KB] |