| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2017] NZERA Wellington 86 |
| Hearing date | 31-Jan-17 |
| Determination date | 15 September 2017 |
| Member | M Ryan |
| Representation | G Ogilvie ; E Peterson |
| Location | Wellington |
| Parties | Reid v Wellington City Transport Ltd t/a Go Wellington |
| Summary | UNJUSTIFIED DISMISSAL – UNJUSTIFIED DISADVANTAGE – Constructive dismissal – Applicant claimed unjustifiably disadvantaged by final written warning – Applicant claimed unjustifiably dismissed by respondent – Bus Driver |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL – UNJUSTIFIED DISADVANTAGE: Collective Employment Agreement required written warning prior to final written warning. Respondent unable to provide substantive justification for final written warning. Respondent’s warning process flawed. Applicant unjustifiably disadvantaged by respondent’s issuance of final written warning. Unreasonable for respondent to find misconduct and propose termination where applicant absent for sickness certified by a medical practitioner. Applicant had no option but to resign to avoid proposed termination of employment. Reasonably foreseeable that applicant would resign. Applicant constructively dismissed. Dismissal unjustified. REMEDIES: 50 per cent contributory conduct. Not appropriate to order reimbursement of wages. $3,000 compensation appropriate. |
| Result | Applications granted ; Compensation for humiliation etc ($3,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s174C(4);ERA s174C(b);ERA s174E |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial Local Authorities Officer Industrial Union of Workers [1994] 2 NZLR 415 (CA);Auckland Shop Employees Union v Woolworths (NZ) Ltd [1985] 2 NZLR 372 (CA);Weston v Advkit Para Legal Services Ltd [2010] NZEmpC 140 |
| Number of Pages | 13 |
| PDF File Link: | 2017_NZERA_Wellington_86.pdf [pdf 311 KB] |