| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 187 |
| Hearing date | 21-Sep-16 |
| Determination date | 30 June 2017 |
| Member | A Dallas |
| Representation | L McWilliams ; J Opie, L Hercus |
| Location | Auckland |
| Parties | Asiata v New Zealand Post Ltd |
| Summary | UNJUSTIFIED DISADVANATAGE - Applicant claimed unjustifiably disadvantaged by final written warning - Applicant allegedly acted outsider her authority when telling subordinate, Mr Q, he was “fired” during confrontation - Team Leader |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISADVANATGE: Respondent should have moved to suspend Mr Q and investigate his misconduct. Disparity of treatment between applicant and Mr Q for same incident. Respondent should have ensured applicant afforded reasonable support. Respondent had resources to carry out two separate investigations into actions of applicant and Mr Q. Investigation carried out was insufficient. No proper evidential foundation that Mr Q believed he was dismissed. Applicant actions not ‘deliberate’ or ‘extremely negligent’. Written warning was not fair and reasonable. Applicant unjustifiably disadvantaged. REMEDIES: Respondent to be reinstated to position before warning issued. $10,200 compensation appropriate. |
| Result | Application granted ; Orders made ; Compensation for humiliation etc ($10,200) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s124 ; ERA s174C(3)(b) |
| Cases Cited | A Ltd v H [2016] NZCA 419, [2017] 2 NZLR 295;Creedy v Commissioner of Police [2011] NZEmpC 104, [2011] ERNZ 285;George v Auckland Council [2014] NZCA 209, [2014] ERNZ 72;Hall v Dionex Pty Ltd [2015] NZEmpC 29, (2015) 13 NZELR 157;Housham v Juken New Zealand Ltd [2007] ERNZ 183, (2007) 4 NZELR 389;Kostic v Dodd t/a Allan Milligan Cars Employment Court, Christchurch CC14A/07, 28 August 2007;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 (EmpC);Pathways Health Ltd v Moxon [2013] NZEmpC 18;Rodkiss v Carter Holt Harvey Ltd [2015] NZEmpC 34;Salt v Fell [2008] NZCA 128, [2008] 3 NZLR 193;X v Secretary for Justice [2011] NZERA Christchurch 177;Xtreme Dining Ltd v Dewar [2016] NZEmpC 136, (2016) 10 NZELC 79-069 |
| Number of Pages | 25 |
| PDF File Link: | 2017_NZERA_Auckland_187.pdf [pdf 337 KB] |