| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2017] NZERA Christchurch 210 |
| Hearing date | 14-Feb-17 |
| Determination date | 04 December 2017 |
| Member | A Dallas |
| Representation | J Cuttance ; D Browne |
| Location | Dunedin |
| Parties | Smith v McCreanor t/a Sweet As A Nut |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Caf� Assistant |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Respondent failed to substantiate basis to support three allegations against applicant. Allegations relied on by respondent could not justify dismissal. Dismissal unjustified. Fair and reasonable employer could not have concluded applicant’s actions amounted to serious misconduct. REMEDIES: No contributory conduct. Respondent to pay applicant $2,688 reimbursement of lost wages. $7,000 compensation appropriate. |
| Result | Application granted ; Reimbursement of lost wages ($2,688.99) ; Compensation for humiliation ets ($7,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s103A(3)(a);ERA s103A(5);ERA s124;ERA s160(3);ERA s174C(4);ERA s174C(3)(b);ERA s174E;Health and Safety in Employment Act 1992;Health and Safety in Work Act 2015 |
| Cases Cited | Click Clack International Ltd v James [1994] 1 ERNZ 15 (EmpC);Fagotti v Acme & Co Ltd [2015] NZEmpC 135;Health Waikato v Tabbutt [2003] 2 ERNZ 398 (EmpC);PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808;Stormont v Pebble Thorp Aiken Ltd [2017] NZEmpC 71;W & H Newspapers v Oram [2000] 2 ERNZ 448 (CA) |
| Number of Pages | 18 |
| PDF File Link: | 2017_NZERA_Christchurch_210.pdf [pdf 208 KB] |