| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2017] NZERA Christchurch 80 |
| Hearing date | 28-Apr-17 |
| Determination date | 24 May 2017 |
| Member | C Hickey |
| Representation | A Oberndorfer ; E Blakely |
| Location | Christchurch |
| Parties | Piner v Blakely Mining Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed by respondent – PENALTY – Applicant sought penalty for respondents breach of good faith – COSTS – Applicant sought contribution towards costs – Bulldozer Operator |
| Abstract | AUTHORITY FOUND – UNJUSTIFIED DISMISSAL: Respondent obliged to inform applicant that it was considering making his role redundant. Respondent breached duty of good faith by failing to be adequately communicative before and after he was given notice of redundancy. Respondent did not act as a fair and reasonable employer could have in all the circumstances at the time. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $15,818 reimbursement of lost wages. $10,000 compensation appropriate. PENALTY: Respondents failure to provide information and to consult him was deliberate. Breach serious, although, not sustained. No penalty. COSTS: Half day investigation meeting. Applicant sought $4,000 contribution towards costs. Respondent to pay applicant $3,500 contribution towards costs. |
| Result | Application granted (unjustified dismissal); Reimbursement of lost wages ($15,818.40) ; Compensation for humiliation etc ($10,000) ; Costs in favour of applicant ($3,500) ; Disbursements in favor of applicant ($71.56)(filing fee) ; Application dismissed (penalty) |
| Main Category | Personal Grievance |
| Statutes | ERA s4A ERA s4(1A) ERA s103A ERA s103A(3) ERA s128 |
| Cases Cited | Fagotti v Acme & Co Ltd [2015] NZEmpC 135 PBO Ltd (formerly Rush Security Ltd ) v Da Cruz [2005] ERNZ 808 (EmpC) |
| Number of Pages | 12 |
| PDF File Link: | 2017_NZERA_Christchurch_80.pdf [pdf 54 KB] |