| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2017] NZERA Christchurch 215 |
| Hearing date | 15-Dec-17 |
| Determination date | 13 December 2017 |
| Member | H Doyle |
| Representation | B Pitman (in person) ; K Fleury |
| Location | Dunedin |
| Parties | Pitman v Gillanders and Anor |
| Other Parties | Stafford In Dunedin Ltd |
| Summary | PRACTICE AND PROCEDURE – Identity of employer – Whether applicant employed by first respondent or second respondent – UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Machine Operator and Welder |
| Abstract | AUTHORITY FOUND –;PRACTICE AND PROCEDURE: Applicant provided with Employment Agreement (“EA”) which listed second respondent as employer. EA supported intention from outset of employment that applicant would be employed by second respondent. Applicant employed by second respondent.UNJUSTIFIED DISMISSAL: Respondent did not raise specific concerns with applicant or allow him a reasonable opportunity to respond to concerns. Employer could conclude aggressive conduct from applicant could substantively justify dismissal. Defects in investigation process more than minor and resulted in unfair treatment. Decision to dismiss not one a fair and reasonable employer could have reached in all the circumstances. Dismissal unjustified. REMEDIES: 50 per cent contributory conduct. Respondent to pay applicant $7736 reimbursement of lost wages. $6,000 compensation appropriate. Recommendations not made. |
| Result | Application granted ; Reimbursement of lost wages ($7736.55) ; Compensation for humiliation etc ($6,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s103A(3) |
| Cases Cited | Colosimo v Parker (2007) 8 NZELC 98,622 (EmpC);Wilson v Bruce Wilson Painting & Decorating Ltd [2014] NZEmpC 83 |
| Number of Pages | 15 |
| PDF File Link: | 2017_NZERA_Christchurch_215.pdf [pdf 125 KB] |