| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2017] NZERA Christchurch 114 |
| Hearing date | 8 Jun 2017 - 9 Jun 2017 (2 days) |
| Determination date | 04 July 2017 |
| Member | C Hickey |
| Representation | MJ Thomas ; S Brookes, P Chemis |
| Location | Invercargill |
| Parties | Butterfield v Alliance Group Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably disadvantaged by failure to re-engage him – Applicant claimed unjustifiably dismissed by respondent |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL: Respondent did not offer applicant re-engagement in seniority order as was set out in relevant collective agreement. Respondent’s actions breached collective agreement. If applicant had been re-engaged, respondent likely would have suspended him on full pay while investigating alleged misconduct. Applicant unjustifiably disadvantaged. Applicant not employee at time of behaviour in question so decision to re-engage could not have been unjustified dismissal. No jurisdiction to consider claim of unjustified dismissal. REMEDIES: No contributory conduct. Respondent to pay applicant reimbursement of lost wages, quantum to be determined. |
| Result | Application granted (unjustified disadvantage) ; Reimbursement of lost wages (quantum to be determined) ; Application dismissed (unjustified dismissal) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s124 ; ERA s128 ; ERA Second Schedule cl10 |
| Cases Cited | AFFCO New Zealand Ltd v New Zealand Meat Workers and Related Trades Union Inc [2016] NZCA 482;Butterfield v Alliance Group Ltd [2016] NZERA Christchurch 24;Butterfield v Alliance Group Ltd [2017] NZERA Christchurch 24 |
| Number of Pages | 15 |
| PDF File Link: | 2017_NZERA_Christchurch_114.pdf [pdf 202 KB] |