| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2017] NZERA Christchurch 180 |
| Hearing date | 13 Jul 2017 - 26 Jul 2017 (2 days) |
| Determination date | 26 October 2017 |
| Member | H Doyle |
| Representation | B Nevell ; D Rhodes |
| Location | Dunedin |
| Parties | Halliday v Lane Group Ltd |
| Summary | UNJUSTIFIED DISMISSAL – UNJUSTIFIED DISADVANTAGE – Dismissal – Applicant claimed unjustifiably dismissed by respondent – Applicant claimed unjustifiably disadvantaged by respondent’s actions in relation to performance concerns – PENALTY – Applicant sought penalty for respondent’s breach of health and safety and failure to act in good faith – Dairy Attendant |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL – UNJUSTIFIED DISADVANTAGE: Process issues absorbed by dismissal grievance. No unjustified disadvantage. Not all reasons for dismissal put to applicant. Respondent’s policy around performance concerns not followed. Procedural and substantive unfairness leading to dismissal. Applicant not given adequate opportunity to respond. Dismissal unjustified. REMEDIES: 33 per cent contributory conduct. Respondent to pay applicant eight weeks less notice paid and contribution reimbursement of lost wages. $6,000 compensation appropriate. PENALTY: Respondent did not breach health and safety obligations owed to applicant. Process followed by respondent was unfair but did not satisfy intentional breach of good faith. No penalty. |
| Result | Application granted (unjustified dismissal) ; Reimbursement for lost wages (quantum to be determined) ; Compensation for humiliation etc ($6,000) ; Applications dismissed (penalty)(unjustified disadvantage) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s103A;ERA s103A(3) |
| Cases Cited | Attorney-General v Gilbert [2002] 1 ERNZ 31 (CA) |
| Number of Pages | 28 |
| PDF File Link: | 2017_NZERA_Christchurch_180.pdf [pdf 194 KB] |