| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2017] NZERA Christchurch 97 |
| Hearing date | 2 Feb 2017 - 3 Feb 2017 (2 days) |
| Determination date | 15 June 2017 |
| Member | P van Keulen |
| Representation | L Acland ; S Galbreath |
| Location | Nelson |
| Parties | Hurst v Wartsila Australia Pty Ltd and Anor |
| Other Parties | Wartsila New Zealand Ltd |
| Summary | PRACTICE AND PROCEDURE - Identity of employer - Whether applicant employed by first or second respondent - UNJUSTIFIED DISMISSAL - Misconduct - Applicant claimed unjustifiably dismissed by respondent - Applicant allegedly sent harmful emails to clients who withdrew business from respondent - Service Engineer |
| Abstract | AUTHORITY FOUND -;PRACTICE AND PROCEDURE: Second respondent employs New Zealand based employees. Applicant employed by second respondent.;UNJUSTIFIED DISMISSAL: Respondent did not properly investigate emails to clients and effect of emails. Respondent failed to properly set out relevant information and explain allegations and possible consequences to applicant. Applicant not given opportunity to respond to respondent’s concern that he failed to take responsibility for own actions. Respondent failed to consider that applicant was correct about service issue, other causes for loss of client and mitigating factors. Decision to dismiss not substantively justified. Dismissal unjustified. REMEDIES: 30 per cent contributory conduct. Respondent to pay applicant $37,443 reimbursement of lost wages. $7,000 compensation appropriate. |
| Result | Applications granted ; Contributory conduct (30%) ; Reimbursement of lost wages ($37,443.18) ; Compensation for humiliation etc ($7,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A) ; ERA s103A ; ERA s128 ; ERA s174C(3)(b) ; ERA s174C(4) |
| Cases Cited | Sam's Fukuyama Food Services Ltd v Zhang [2011] NZCA 608, [2011] ERNZ 482;Xtreme Dining Ltd v Dewar [2016] NZEmpC 136, (2016) 10 NZELC 79-069 |
| Number of Pages | 27 |
| PDF File Link: | 2017_NZERA_Christchurch_97.pdf [pdf 333 KB] |