| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 282 |
| Hearing date | 13-Sep-17 |
| Determination date | 14 September 2017 |
| Member | Tania Tetitaha |
| Representation | A Kersjes ; S Max |
| Location | Auckland |
| Parties | Lucas v Te Rito Daycare Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Pre-School Teacher |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Reasonable employer could have concluded applicant’s conduct in swearing and acting aggressively in front of children amounted to serious misconduct. Respondent did not follow a fair and reasonable dismissal process. Only one allegation out of three properly investigated. Applicant given no opportunity to respond to concerns. Element of pre-determination. Dismissal unjustified. REMEDIES: 50 per cent contributory conduct. $5,000 compensation appropriate. |
| Result | Application granted ; Contributory conduct (50%) ; Compensation for humiliation etc ($5,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A(3);ERA s124 |
| Cases Cited | Goodfellow v Building Connexion Ltd [2010] NZEmpC 82 |
| Number of Pages | 9 |
| PDF File Link: | 2017_NZERA_Auckland_282.pdf [pdf 198 KB] |