| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2017] NZERA Wellington 103 |
| Hearing date | 1-Jun-17 |
| Determination date | 10 October 2017 |
| Member | M Loftus |
| Representation | JA Burney ; G Ballara |
| Location | Wellington |
| Parties | Guise v Spotless Facility Services (New Zealand) Ltd |
| Summary | PERSONAL GRIEVANCE – UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL– Applicant claimed unjustifiably disadvantaged by being suspended prior to dismissal – Applicant claimed unjustifiably dismissed by respondent – ARREARS OF WAGES – Applicant sought arrears of wages– Catering Assistant |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISADVANTAGE: No unilaterally imposed suspension. Applicant’s own evidence undermined claim’s veracity. No unjustified disadvantage.;UNJUSTIFIED DISMISSAL: Respondent sufficiently investigated allegations and provided detailed and contemporaneous notes of investigation. No evidence to support allegations of respondent confusing applicant or having a predetermined outcome. Sufficient justification for dismissal. No unjustified dismissal.;ARREARS OF WAGES: No evidence that applicant worked on day in question. No arrears of wages |
| Result | Applications dismissed (unjustified dismissal)(unjustified disadvantage)(arrears of wages) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Cases Cited | Angus v Ports of Auckland Ltd and Mckean v Ports of Auckland Ltd [2011] NZEmpC 160;Whanganui College Board of Trustees v Lewis [2000] 1 ERNZ 397 (CA) |
| Number of Pages | 10 |
| PDF File Link: | 2017_NZERA_Wellington_103.pdf [pdf 176 KB] |