| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 319 |
| Hearing date | 30 Aug 2017 - 31 Aug 2017 (2 days) |
| Determination date | 12 October 2017 |
| Member | A Fitzgibbon |
| Representation | D Fleming ; R Harrison |
| Location | Auckland |
| Parties | Wannenburg v Theta Systems Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Dismissal – Applicant claimed unjustifiably dismissed by respondent – Information Technology Senior Consultant |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Applicant’s managers relied on perceptions and hearsay evidence concerning his performance. Respondent provided customer complaints about applicant’s performance and attitude. Respondent did not investigate or raise the complaints with applicant. No verbal or written warnings provided. Level of misconduct did not form basis to lose trust and confidence in employment relationship. Unjustified dismissal. REMEDIES: No contributory conduct. Respondent to pay applicant $23,133 reimbursement of lost wages $20,000 compensation appropriate. |
| Result | Application granted ; Reimbursement of lost wages ($23,133.36) ; Compensation for humiliation etc ($20,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s103A(3);ERA s124;ERA s128;ERA s174E |
| Cases Cited | Ramankutty v Vice Chancellor of the University of Auckland EmpC Auckland AC53B/01, 25 October 2001;Stomont v Peddlethorp Aitken Ltd [2017] NZEmpC 48 |
| Number of Pages | 14 |
| PDF File Link: | 2017_NZERA_Auckland_319.pdf [pdf 209 KB] |