| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2017] NZERA Christchurch 154 |
| Hearing date | 30-May-17 |
| Determination date | 20 September 2017 |
| Member | Andrew Dallas |
| Representation | T Jackson, H Goddard ; C Jones |
| Location | Timaru |
| Parties | Tamati v Mid-Land Contracting Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant claimed unjustifiably dismissed by respondent – Horticultural Worker |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Further allegations raised during disciplinary meeting for which applicant was not put on notice prior to the meeting. No consideration of alternatives to dismissal. Applicant not permitted to make submission concerning proposed dismissal. Procedural deficiencies not minor and resulted in unfair treatment. Fair and reasonable employer could not have concluded applicant’s actions amounted to serious misconduct. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $5,900 reimbursement of lost wages. $10,000 compensation appropriate. |
| Result | Application granted ; Reimbursement of lost wages ($5,900) ; Compensation for humiliation etc ($10,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s103(A)(3);ERA s103(A)(5);ERA s124;ERA s128;ERA s128(2);ERA s128(3);ERA s174E |
| Cases Cited | A Ltd v H [2016] NZCA 419 (CA);Angus v Ports of Auckland Ltd (No.2) [2011] NZEmpC 160;Air New Zealand Ltd v Kerr [2013] NZEmpC 153;McIvor v Saad [2015] NZEmpC 145;Stormont v Pebble Thorp Aitken Ltd [2017] NZEmpC 71 |
| Number of Pages | 13 |
| PDF File Link: | 2017_NZERA_Christchurch_154.pdf [pdf 204 KB] |