| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 290 |
| Hearing date | 16-Jun-17 |
| Determination date | 20 September 2017 |
| Member | V Campbell |
| Representation | C Stewart ; H Waalkens |
| Location | Auckland |
| Parties | Elisara v Allianz New Zealand Ltd |
| Summary | UNJUSTIFIED DIMISSAL – Serious misconduct – Applicant claimed unjustifiably dismissed by respondent – PENALTY – Applicant sought penalty for respondent’s breach of good faith – Chief Executive Officer (“CEO”) |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DIMISSAL: Applicant given opportunity to address allegations. Failure to investigate issue that was not primary reason for termination after receiving applicant’s explanation minor defect and did not result in unfair treatment. Respondent breached policy to remind applicant that he was entitled to representation at commencement of each meeting. Breach of policy minor and did not result in unfair treatment. No unfairness regarding respondent’s failure to provide preliminary decision. Decision to dismiss not pre-determined. Insufficient evidence of disparate treatment. Applicant’s failure to ensure instructions followed amounted to serious misconduct. Applicant’s senior role and job description required him to meet compliance standards 100% of the time. Dismissal justified. PENALTY: Applicant provided with all relevant information in relation to termination and given opportunity to comment. No procedural defect in issuing decision to dismiss. No breach of good faith. No penalty. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s103A(2);ERA s103A(3);ERA s103A(5);ERA s174E |
| Cases Cited | A Ltd v H [2016] NZCA 419;Angel v Fonterra Co-operative Group [2006] ERNZ 1080 (EmpC);Angus v Ports of Auckland Ltd [2011] NZEmpC 160;Housham v Juken New Zealand Ltd [2007] ERNZ 183 (EmpC);New Zealand Educational Institute v Board of Trustees Auckland Normal Intermediate School [1992] 3 ERNZ 243 (EmpC);Irvine Frieghtlines v Cross [1993] 1 ERNZ 424 (EmpC);Quinn v BNZ [1991] 1 ERNZ 1060 (LabC);Makatoa v Restaurant Brands (New Zealand) Ltd [1999] 2 ERNZ 311 (EmpC);Nel v ASB Bank Ltd (No 2) [2017] NZEmpC 97;Wikaira v Chief Executive of the Department of Corrections [2016] NZEmpC 175 |
| Number of Pages | 20 |
| PDF File Link: | 2017_NZERA_Auckland_290.pdf [pdf 70 KB] |