| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2017] NZERA Christchurch 186 |
| Hearing date | 3-Aug-17 |
| Determination date | 03 November 2017 |
| Member | H Doyle |
| Representation | S Meikle ; R Harrison |
| Location | Christchurch |
| Parties | Gillan v Amcor Flexibles (New Zealand) Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Incapacity – Applicant claimed unjustifiably dismissed by respondent – Printer |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Evidence supports respondent had a pre-determined to dismissal applicant because of the risk associated with his seizures. Respondent failed to properly raise concerns to applicant. Applicant did not have an opportunity to explain or respond to concerns which were adverse to the continuation of his employment. A fair and reasonable employer could not have reached decision to dismiss in all the circumstances. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $24,199 reimbursement of lost wages. $20,000 compensation appropriate. |
| Result | Application granted ; Reimbursement of lost wages ($24,199.11) ; Compensation for humiliation etc ($20,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s103A(3);ERA s128;ERA s128(2);ERA Second Schedule cl10 |
| Cases Cited | Canterbury Clerical Workers IUOW v Andrews and Beaven Ltd [1983] ACJ 875 (AC);Hoskin v Coastal Fish Supplies Ltd [1985] ACJ 124 (AC);Lal v The Warehouse Ltd [2017] NZEmpC 66;Wilson v Sleepyhead [1992] 3 ERNZ 614 (EmpT) |
| Number of Pages | 23 |
| PDF File Link: | 2017_NZERA_Christchurch_186.pdf [pdf 305 KB] |