| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2017] NZERA Christchurch 164 |
| Hearing date | 27-Jun-17 |
| Determination date | 28 September 2017 |
| Member | C Hickey |
| Representation | R Morgan ; S Solly, J Chandler |
| Location | Nelson |
| Parties | Clement v Diverse Hydraulics & Pneumatics Ltd |
| Summary | UNJUSTFIED DISMISSAL - Misconduct - Applicant claimed unjustifiably dismissed by respondent - COSTS - Applicant sought contribution towards costs - Hose doctor |
| Abstract | AUTHORITY FOUND -;UNJUSTFIED DISMISSAL: First warning based on incorrect conclusions. Respondent never told applicant he could be represented during disciplinary meetings. Respondent took all of applicant’s work history into account when dismissing him and this not put to applicant. Insufficient investigation and not reasonable opportunity for applicant to give explanation. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $11,375 reimbursement of lost wages and $910 reimbursement of lost holiday pay. $15,000 compensation appropriate.;COSTS: Two and a half hour investigation meeting. Appropriate to apply daily tariff. Respondent to pay applicant $1,875 |
| Result | Applications granted ; Reimbursement of lost wages ($11,375) ; Reimbursement of lost holiday pay ($910) ; Compensation for humiliation etc ($15,000) ; Costs in favour of applicant ($1,875) ; Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Personal Grievance |
| Statutes | ERA s103A(3) ; ERA s128(2) ; ERA s128(3) |
| Number of Pages | 14 |
| PDF File Link: | 2017_NZERA_Christchurch_164.pdf [pdf 128 KB] |