| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2017] NZERA Wellington 35 |
| Hearing date | 2-Mar-17 |
| Determination date | 12 May 2017 |
| Member | M Ryan |
| Representation | M Anderson ; S Bottrill |
| Location | Wellington |
| Parties | Riley v Wholesale Cars Direct (4 x 4) Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Redundancy - Applicant claimed unjustifiably disadvantaged by suspension and unjustifiably dismissed by respondent |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL: Suspension punitive response to dissatisfaction with applicant’s conduct in review meeting. Verbal disagreement insufficient grounds for suspension without employee’s agreement or a fair process. Applicant unjustifiably disadvantaged by suspension. Evidence did not demonstrate genuine basis for redundancy. Insufficient substantive grounds for dismissal. Failure to raise concerns and give applicant opportunity to comment not the actions of fair and reasonable employer. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $13, 724 reimbursement of lost wages. $12,000 compensation appropriate. |
| Result | Applications granted ; Reimbursement of lost wages ($13,624.50) ; Compensation for humiliation etc ($12,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A) ; ERA s4(1A)(c) ; ERA s103A ; ERA s128 ; ERA s174E |
| Cases Cited | Singh v Sherildee Holdings Ltd t/a New World Opotiki EmpC Auckland AC53A/05, 26 October 2005 |
| Number of Pages | 10 |
| PDF File Link: | 2017_NZERA_Wellington_35.pdf [pdf 171 KB] |