| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2017] NZERA Christchurch 195 |
| Hearing date | 17-Oct-17 |
| Determination date | 13 November 2017 |
| Member | D Appleton |
| Representation | P Cahill ; P de Wattignar |
| Location | Oamaru |
| Parties | Taylor v Whitestone Cheese Ltd |
| Summary | UNJUSTIFIED DISMISSAL – UNJUSTIFIED DISADVANTAGE – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Applicant claimed unjustifiably disadvantaged by suspension, not being able to have a representative of his choice attend disciplinary meeting and respondent taking too long to produce time and wage records – PENALTY – Applicant sought penalty for respondents failure to comply with the Employment Relations Act 2000 (ERA") – Cheese Making Assistant" |
| Abstract | AUTHORITY FOUND –UNJUSTIFIED DISMISSAL – UNJUSTIFIED DISADVANTAGE: Respondent’s findings of misconduct reasonable and applicant aware of serious nature of conduct. Procedural flaws would not have made a difference to substantive outcome. Dismissal substantively justified. Flaws in procedure were not minor. Respondent failed to advise applicant that he faced dismissal. Dismissal procedurally unjustified. Dismissal unjustified. Suspension did not cause unjustified disadvantage to applicant’s employment. Suspension was an option open to a fair and reasonable employer in all the circumstances at the time. No evidence provided about effect of having to proceed to disciplinary meeting without chosen representative. Wage and time records requested after employment terminated. No disadvantage from delay to produce records on previous employer. No unjustified disadvantage. REMEDIES: Respondent to pay applicant three days’ lost wages. No compensation appropriate. PENALTY: Applicant did not specify or explain what breaches of the ERA were incurred. No penalty. |
| Result | Application granted (unjustified dismissal) ; Reimbursement of lost wages (quantum to be determined); Application dismissed (unjustified disadvantage) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA Second Schedule cl10(1);ERA s4;ERA s4A;ERA s103(1)(b);ERA s103A;ERA s124;ERA s128(1);ERA s174E |
| Cases Cited | Waikato District Health Board v Archibald [2017] NZEmpC 132;Waterford Holdings Ltd v Morunga [2015] NZEmpC 132 |
| Number of Pages | 22 |
| PDF File Link: | 2017_NZERA_Christchurch_195.pdf [pdf 179 KB] |