| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2017] NZERA Christchurch 150 |
| Hearing date | 13 June 2017 - 14 June 2017 (2 days) |
| Determination date | 08 September 2017 |
| Member | H Doyle |
| Representation | M O'Flaherty, B Clemens ; D Beck |
| Location | Christchurch |
| Parties | Edmonds v Sovereign Star Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant claimed unjustifiably dismissed by respondent – Head Early Childhood Teacher |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Respondent complied with some requirements for procedural fairness. No predetermination of dismissal. Failure to provide copy of employment agreement on request and further investigate allegations caused more than minor procedural unfairness. Only one of the five allegations found to be made out could be considered serious misconduct by a fair and reasonable employer. Fair and reasonable employer could not have reached decision to dismiss. Dismissal unjustified. REMEDIES: 60 per cent contributory conduct. Respondent to pay applicant $4,160 reimbursement of lost wages. $4,800 compensation appropriate. |
| Result | Applications granted ; Reimbursement of lost wages ($4,160) ; Compensation for humiliation etc ($4,800) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA Second Schedule cl10;ERA s103A(3);ERA s124;ERA s128(2) |
| Cases Cited | Mobeen Bhikoo v Stephen Marr Hair Design Newmarket Ltd [2016] NZEmpC 32;Xtreme Dining Ltd v Dewar [2016] NZEmpC 136 |
| Number of Pages | 23 |
| PDF File Link: | 2017_NZERA_Christchurch_150.pdf [pdf 339 KB] |