| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 283 |
| Hearing date | 15 & 16 June 2017 (2 days) |
| Determination date | 15 September 2017 |
| Member | Robin Arthur |
| Representation | J Kay ; M Quigg |
| Location | Whakatane |
| Parties | Pool v San Remo Pasta Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Supermarket Merchandiser |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Applicant treated unfairly when respondent relied on information transcribed from surprise phone call. Applicant not provided with opportunity to comment further on new evidence. No opportunity to respond to prejudicial allegations. Applicant not given reasonable opportunity to address concerns about interaction with another merchandiser. Respondent could not have justifiably reached decision to dismiss if proper inquiry carried out. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $2,158 reimbursement of lost wages. $12,000 compensation appropriate. |
| Result | Application granted ; Reimbursement of lost wages ($2,158) ; Compensation for humiliation etc ($12,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A)(c);ERA s103A;ERA s124;ERA s128;ERA s174E |
| Cases Cited | Fagotti v Acme & Co Ltd [2015] NZEmpC 135;Irvine Freightlines Ltd v Cross [1993] 1 ERNZ 424 (NZEmpC);PBO Ltd (Formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 (NZEmpC);Ritchies Transport Holdings Ltd v Merennage [2015] NZEmpC 198;Quinn v Bank of New Zealand [1991] 1 ERNZ 1060 NZLabC |
| Number of Pages | 16 |
| PDF File Link: | 2017_NZERA_Auckland_283.pdf [pdf 335 KB] |