| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2017] NZERA Wellington 36 |
| Hearing date | 1 Nov 2016 - 2 Nov 2016 (2 days) |
| Determination date | 11 May 2017 |
| Member | M Loftus |
| Representation | C McGuinness ; G Dewar |
| Location | Wellington |
| Parties | Edlin v Beare Haven Investments Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious Misconduct - Applicant claimed unjustifiably dismissed by respondent - PENALTY - Applicant sought penalty for respondent’s breach of good faith in failing to communicate during disciplinary procedure - Loss Prevention (Security) Officer |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Applicant acted according to training. Evidence of other staff acting in same manner. Insufficient substantive grounds for a fair and reasonable employer to dismiss. Applicant not given opportunity to respond to accusations central to rationale for dismissal. Key witnesses not questioned. Mandatory procedural requirements under s103A not met. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $9,821 reimbursement of lost wages. $12,000 compensation appropriate.;PENALTY: Awarding penalty double jeopardy as breach considered in relation to personal grievance. No penalty |
| Result | Application granted (unjustified dismissal) ; Reimbursement of lost wages ($9,812.40) ; Compensation for humiliation etc. ($12,000) ; Application dismissed (penalty) ; Costs reserved. |
| Main Category | Personal Grievance |
| Statutes | ERA s103A ; ERA s124 ;ERA s128(2) ; ERA s174C(3) ; ERA s174C(4) |
| Cases Cited | Trotter v Telecom Corp of NZ Ltd [1993] 2 ERNZ 659 (EmpC) |
| Number of Pages | 11 |
| PDF File Link: | 2017_NZERA_Wellington_36.pdf [pdf 180 KB] |