| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2017] NZERA Wellington 31 |
| Hearing date | 18-Jan-17 |
| Determination date | 01 May 2017 |
| Member | M Loftus |
| Representation | S Emslie ; M Doyle |
| Location | Whanganui |
| Parties | Smith v The Trustees of the Wanganui Pool Trust |
| Summary | UNJUSTFIED DISMISSAL - UNJUSTIFIED DISADVANATGE - Dismissal - Applicant claimed unjustifiably dismissed by respondent - Applicant claimed unjustifiably disadvantaged by respondent’s failure to take action in respect of sexual harassment and bullying complaint |
| Abstract | AUTHORITY FOUND -;UNJUSTFIED DISMISSAL - UNJUSTIFIED DISADVANATGE: Words respondent used clearly indicated applicant would be dismissed if she failed to produce first arid certificate by certain date. No evidence respondent complied with procedural requirements. Respondent did not investigate applicant’s claim that first aid certificate renewed. Dismissal unjustified. Applicant did not bring sexual harassment and bullying concerns to respondent’s attention until after employment ended. No unjustified disadvantage. REMEDIES: Respondent to pay applicant $6,200 reimbursement of lost wages. $5,000 compensation appropriate. |
| Result | Application granted ; Reimbursement of lost wages ($6,200) ; Compensation for humiliation etc ($5,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | Salad Bowl Ltd v Howe-Thornley [2013] NZEmpC 152, [2013] ERNZ 326 |
| Number of Pages | 7 |
| PDF File Link: | 2017_NZERA_Wellington_31.pdf [pdf 159 KB] |