| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2017] NZERA Wellington 18 |
| Hearing date | 7-Dec-16 |
| Determination date | 29 March 2017 |
| Member | T MacKinnon |
| Representation | A McKenzie ; M Berryman |
| Location | Palmerston North |
| Parties | Smith v Director General for Ministry of Primary Industries |
| Summary | UNJUSTIFIED DISMISSAL – UNJUSTIFIED DISADVANTAGE – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Applicant claimed unjustifiably disadvantaged by respondent’s actions – Compliance Officer |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL – UNJUSTIFIED DISADVANTAGE: Dismissal justified. Applicant unjustifiably disadvantaged by respondent’s failure to allow applicant opportunity to express views on returning to work during investigation. REMEDIES: No contributory conduct. $2,000 compensation appropriate. |
| Result | Application granted (unjustified disadvantage) ; No contributory conduct ; Compensation for humiliation etc ($2,000) ; Application dismissed (unjustified dismissal) ; Costs reserved. |
| Main Category | Personal Grievance |
| Statutes | ERA s122 ; ERA s124 ; ERA s125 ; ERA s174D(2) ; ERA s174D(3) |
| Cases Cited | Sefo v Sealord Shellfish Ltd [2008] ERNZ 178 (EmpC) |
| Number of Pages | 12 |
| PDF File Link: | 2017_NZERA_Wellington_18.pdf [pdf 178 KB] |