| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2017] NZERA Wellington 45 |
| Hearing date | 5-Apr-17 |
| Determination date | 31 May 2017 |
| Member | T MacKinnon |
| Representation | P Drummond ; G Paine |
| Location | Palmerston North |
| Parties | Heaven v Cochrane Accountants Ltd |
| Summary | UNJUSTIFIED DISMISSAL – UNJUSTIFIED DISADVANTAGE – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Applicant claimed unjustifiably disadvantaged by suspension – Accounting Assistant |
| Abstract | AUTHORITY FOUND – UNJUSTIFIED DISMISSAL – UNJUSTIFIED DISADVANTAGE: Respondent informed applicant of suspension over email without consultation or opportunity for input. Suspension was not an action a fair and reasonable employer could have taken in all the circumstances. Applicant was disadvantaged by suspension preventing her return to work and subjecting her to unwarranted stress. Respondent failed to put information to applicant without seeking her explanation which resulted in a significant breach of process. Dismissal unjustified. REMEDIES: 7.5 per cent contributory conduct. Respondent to pay applicant $6,243 reimbursement of lost wages. $8,325 compensation appropriate. |
| Result | Applications granted ; Reimbursement of lost wages ($6,243.75) ; Compensation for humiliation etc ($8,352) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A ; ERA s103A(3)(5) ; ERA s128 ; ERA s174E ; Crimes Act 1961 s249 |
| Cases Cited | Birss v Secretary for Justice [1984] 1 NZLR 513 (CA) Graham v Airways Corporation of New Zealand [2005] ERNZ 587 |
| Number of Pages | 15 |
| PDF File Link: | 2017_NZERA_Wellington_45.pdf [pdf 192 KB] |