| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2018] NZERA Auckland 69 |
| Hearing date | 15-Aug-17 |
| Determination date | 28 February 2018 |
| Member | N Craig |
| Representation | S Mitchell, J Lynch ; B Edwards, A Jackman |
| Location | Hamilton |
| Parties | O'Brien v Auckland Meat Processors Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed by respondent – Slaughterman |
| Abstract | AUTHORITY FOUND – UNJUSTIFIED DISMISSAL: Applicant was notified of suspension fait accompli. Respondent failed to allow him an opportunity to be heard. In the circumstances respondent should have considered the possibility of a lesser form of disciplinary action. Dismissal not reasonable in the circumstances. Dismissal unjustified. REMEDIES: 10 per cent contributory conduct. Reinstatement declined. Respondent to pay applicant $4,256 reimbursement of lost wages. $13,500 compensation appropriate. |
| Result | Application granted ; Reimbursement of lost wages ($4,256.53) ; Compensation for humiliation etc ($13,500) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103(5) ; ERA s103A ; ERA s124 ; ERA s125(2) ; ERA s128(2) ; ERA s174E |
| Cases Cited | Angus v Ports of Auckland Ltd [2011] ERNZ 466 (EmpC) B & D Doors Ltd v Hamilton [2007] 5 NZELR 69 (EmpC) Harris v The Warehouse Ltd [2014] NZEmpC 188 Xtreme Dining Ltd (t/a Think Steel) v Dewar [2016] NZEmpC 136 |
| Number of Pages | 17 |
| PDF File Link: | 2018_NZERA_Auckland_69.pdf [pdf 151 KB] |