| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2017] NZERA Wellington 96 |
| Hearing date | 7Jun 2017 - 8 Jun 2017 (2 days) |
| Determination date | 29 September 2017 |
| Member | T MacKinnon |
| Representation | G Iddamalgoda; D Mitchell |
| Location | Wellington |
| Parties | Naiker & Porirua Supermarket (1997) Ltd t/a Pak 'n' Save Porirua |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Supermarket Seafood Assistant |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Applicant’s verbal expression of anger and frustration was because she believed respondent treated her unfairly. Applicant’s use of language was not uncommon in the work group and was in a private conversational context. Respondent’s investigation leading to dismissal defective. Fair and reasonable employer could not have reached decision to dismiss. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $6,739 reimbursement of lost wages. $6,000 compensation appropriate. |
| Result | Application granted ; Reimbursement of lost wages ($6,739.20) ; Compensation for humiliation etc ($6,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s 103A(3);ERA s128;ERA s174(3);ERA s174C(4) |
| Number of Pages | 13 |
| PDF File Link: | 2017_NZERA_Wellington_96.pdf [pdf 206 KB] |