| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2017] NZERA Christchurch 223 |
| Hearing date | 24-May-17 |
| Determination date | 21 December 2017 |
| Member | A Dallas |
| Representation | P de Wattignar ; R Brazil |
| Location | Dunedin |
| Parties | Peoples v Avenger Steel Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Fabricator/Welder |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Respondent carried out procedurally unfair investigation process. Applicant was not afforded opportunity to respond to allegations. Procedural deficiencies not minor. Respondent used questionable methods to assess applicant’s alleged breach of health and safety obligations. Respondent failed to yield substantive basis to dismiss applicant. Fair and reasonable employer could not have concluded applicant’s actions amounted to misconduct. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay $7,280 reimbursement of lost wages. $12,000 compensation appropriate. |
| Result | Application granted ; Reimbursement of lost wages ($7,280) ; Compensation for humiliation etc ($12,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A(3)(a);ERA s103A(5);ERA s124;ERA s160(3);ERA s174C(3)(b);ERA s174C(4);ERA s174E |
| Cases Cited | Fagotti v Acme & Co Ltd [2015] NZEmpC 135;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 (EmpC);McIver v Saad [2015] NZEmpC 145;Stormont v Pebble Thorpaitken Ltd [2017] NZEmpC 71 |
| Number of Pages | 17 |
| PDF File Link: | 2017_NZERA_Christchurch_223.pdf [pdf 68 KB] |