| Restrictions |
Includes non-publication order |
| Jurisdiction |
Employment Relations Authority - Christchurch |
| Reference No |
[2018] NZERA Christchurch 174 |
| Hearing date |
6 and 7 June 2018 (2 days) |
| Determination date |
28 November 2018 |
| Member |
Andrew Dallas
|
| Representation |
Anna Oberndorfer, advocate for Applicant
David Traylor, counsel for Respondent
|
| Location |
Christchurch |
| Parties |
XCT
v
UHG
|
| Summary |
UNJUSTIFIED DISMISSAL – Applicant dismissed following respondent’s investigation into allegations because of way applicant conducted herself during investigation – Respondent alleged conduct resulted in breakdown of relationship of trust and confidence – Extent to which respondent had substantive and valid reason for dismissing applicant undermined by flawed investigation – Fair and reasonable employer would not empower, encourage or acquiesce to senior staff member conducting an investigation through such extreme and inappropriate methods – Reasonable to infer initial investigation directed at substantiation of complaint rather than a fair and objective inquiry – Senior staff member breached applicant’s privacy and integrity of investigation by disclosing details about the complaint and applicant’s personal details to third parties – Applicant’s lack of cooperation fuelled respondent’s suspicions resulting in downward spiral for employment relationship – Proposing to dismiss applicant for ulterior purpose of forcing her to cooperate was inconsistent with obligations of good faith – Applicant unjustifiably dismissed – REMEDIES: 15 per cent contributory conduct – Reinstatement not practicable and reasonable – Respondent to pay applicant 3 months reimbursement of lost wages – Respondent to pay applicant contributions to KiwiSaver and payment of holiday pay for the same period – $20,000 compensation appropriate
UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by respondent suspending her during employment investigation – Suspension part of continuum of poor process adopted by respondent resulting in dismissal – No unjustified disadvantage
PRACTICE AND PROCEDURE – Applicant sought recommendation ordering respondent to conduct independent inquiry –Determination sufficient to make respondent aware of its failings in process and as an employer – Recommendation declined
|
| Main Category |
Personal Grievance |
| Number of Pages |
18 |
| PDF File Link: |
2018 NZERA Christchurch 174 [pdf 268 KB] |