| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 46/01 |
| Hearing date | 7 Jun 2001 |
| Determination date | 26 July 2001 |
| Member | D Asher |
| Representation | G Ogilvie ; E Eastwood |
| Location | Wellington |
| Parties | Smith v Wineera t/a Wineera Contractors |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Summary dismissal - Alleged threatening outburst by applicant undermined employment relationship and caused dismissal - Accident involving respondent’s tractor - Disagreement over payment to repair damage caused - Dismissed after disciplinary meeting - Confused grounds for dismissal - Failure to put performance concerns to applicant was serious breach of contract - Refused to sign resignation letter - Decision to dismiss not open to fair and reasonable employer - Dismissal unjustified - Reinstatement not sought - Lawn mower |
| Result | Application granted ; Reimbursement of lost wages ($7,131.80) ; Compensation for humiliation etc ($5,500) ; Costs reserved |
| Statutes | ERA s174(b)(iii) |
| Cases Cited | W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448 ; [2001] 3 NZLR 29 |
| Number of Pages | 9 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |