| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 202 |
| Hearing date | 12-Jul-17 |
| Determination date | 13 July 2017 |
| Member | R Larmer |
| Representation | J Lawrie ; no appearance |
| Location | Auckland |
| Parties | Utatao v Maxcare Medical Centre Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Misconduct - Applicant claimed unjustifiably dismissed by respondent - COSTS - Applicant sought contribution towards costs - No appearance for respondent - Medical Receptionist |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Respondent did not sufficiently investigate concerns or raise them with applicant. Applicant not given reasonable opportunity to respond and respondent did not take into account any explanations. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $12,652 reimbursement of lost wages. $13,000 compensation appropriate.;COSTS: Less than one day investigation meeting. Appropriate to apply daily tariff. Respondent to pay applicant $750 contribution towards costs. |
| Result | Application granted ; Reimbursement of lost wages ($12,652.42) ; Compensation for humiliation etc ($13,000) ; Costs in favour of applicant ($750) ; Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A) ; ERA s103A ; ERA s103A(2) ; ERA s103A(3) ; ERA s124 ; ERA s128(3) |
| Number of Pages | 9 |
| PDF File Link: | 2017_NZERA_Auckland_202.pdf [pdf 221 KB] |