| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2017] NZERA Christchurch 125 |
| Hearing date | 11-Apr-17 |
| Determination date | 14 July 2017 |
| Member | H Doyle |
| Representation | MJ Thomas (Counsel), A Anderson (Advocate) ; G Service |
| Location | Invercargill |
| Parties | Cowles v Ballance Agri-Nutrients Ltd |
| Summary | UNJUSTFIED DISMISSAL - Applicant claimed unjustifiably dismissed by respondent - Applicant dismissed for allegedly not reporting work accident |
| Abstract | AUTHORITY FOUND -;UNJUSTFIED DISMISSAL: Respondent should have consulted applicant’s partner to see what she overheard. Applicant’s response was not heard by decision maker. Procedural failings serious. Delay of eight days until respondent became aware of accident did not seriously affect safety. Dismissal unjustified. REMEDIES: Respondent to pay applicant $22,890 reimbursement of lost wages. $11,250 compensation appropriate. |
| Result | Application granted ; Reimbursement of lost wages ($22,890.75) ; Compensation for humiliation etc ($11,250) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4A ; ERA s4(1) ; ERA s103A ; ERA s103A(3) ; ERA s124 ; ERA s128(2) ; ERA s128(3) ; ERA s133 ; ERA s135(5) ; ERA s157(1) |
| Cases Cited | Angus v Ports of Auckland Ltd (No 2) [2011] NZEmpC 160, [2011] ERNZ 466;Ballylaw Holdings Ltd v Ward EmpC Wellington WC45/01, 13 November 2001;Brake v Grace Team Accounting Ltd [2013] NZEmpC 8, [2013] ERNZ 170;Hall v Dionex Pty Ltd [2015] NZEmpC 29;Ioane v Waitakere City Council [2003] 1 ERNZ 104 (EmpC);Irvines Freightlines Ltd v Cross [1993] 1 ERNZ 424 (EmpC);Oh v Bluebird Foods Ltd ERA Auckland AA42/05, 9 February 2005;Telecom New Zealand Ltd v Nutter [2004] 1 ERNZ 31 (CA);W & H Newspapers Ltd v Oram [2001] 3 NZLR 29 (CA) |
| Number of Pages | 24 |
| PDF File Link: | 2017_NZERA_Christchurch_125.pdf [pdf 235 KB] |