| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 235 |
| Hearing date | 11-Jul-17 |
| Determination date | 11 August 2017 |
| Member | E Robinson |
| Representation | M Moncur ; L Goffin |
| Location | Auckland |
| Parties | Deng v Henry Feng Lawyers Ltd |
| Summary | UNJUSTIFIED DISMISSAL – UNJUSTIFIED DISADVANTAGE – Dismissal – Applicant claimed unjustifiably dismissed by respondent – Applicant claimed unjustifiably disadvantaged as a result of respondent bullying and/or sexually harassing her – Solicitor |
| Abstract | AUTHORITY FOUND – UNJUSTIFIED DISMISSAL – UNJUSTIFIED DISADVANTAGE: Applicant did not raise concerns about bulling prior to her resignation. Instruction given to applicant to report to respondent daily was a reasonable and lawful instruction in the circumstances. Applicants claims of sexual harassment not credible and not supported by other female staff. Applicant not bullied or sexually harassed by respondent. No unjustified disadvantage. Applicant in breach of Employment Agreement and duty of good faith by failing to communicate her situation regarding her academic qualifications, eligibility for the Professional Legal Studies Course and qualification to be admitted to the High Court as a Barrister and Solicitor. Respondent did not arrange a meeting to discuss changes in circumstances and termination of employment. Respondent did not procedurally act as a fair and reasonable employer. REMEDIES: 80 per cent contributory conduct. Respondent to pay applicant $5,115 reimbursement of lost wages. $4,000 compensation appropriate. |
| Result | Application granted (unjustified dismissal) ; Reimbursement of lost wages ($5,115) ; Compensation for humiliation etc ($4,000) ; Application dismissed (unjustified disadvantage) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A)(b) ; ERA s103 ; ERA s103A ; ERA s103A(3) ; ERA s103(1)(d) ; ERA s108 ; ERA s108(1)(a) ; ERA s108(b) ; ERA s117 ; ERA s124 ; ERA s128(2) |
| Cases Cited | Chief Executive of Ministry of Maori Development v Travers-Jones [2003] 1 ERNZ 174 (EmpC) ; Wikaira v The Chief Executive of the Department of Corrections [2016] NZEmpC 175 |
| Number of Pages | 25 |
| PDF File Link: | 2017_NZERA_Auckland_235.pdf [pdf 327 KB] |