| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 135/03 |
| Hearing date | 16 Oct 2003 |
| Determination date | 16 October 2003 |
| Member | H Doyle |
| Representation | A Logan ; L Turner |
| Location | Christchurch |
| Parties | Mitchell v Quality Bakers South (a division of Goodman Fielder Ltd) |
| Summary | UNJUSTIFIED DISMISSAL - Summary dismissal - Overrode safety switch on machine when fixing it - Another employee was helping applicant fix machine - Series of meetings to discuss - Applicant dismissed - Should have been advised to have representative present at meetings - Procedurally unfair - Applicant's behaviour to be assessed against emphasis on fixing machines quickly so production could continue - No clear rule or instruction prohibiting action - Should have taken into account fact machine already in unsafe state - Fair and reasonable employer could not have regarded as warranting summary dismissal - Unjustified dismissal - Remedies - Delay in filing statement of problem taken into account in awarding reimbursement of lost wages - Blameworthy conduct - Contributory conduct 55 percent - Entitled to lost benefits for 1 year for car, medical plan and superannuation scheme - Engineer |
| Result | Application granted ; Reimbursement of lost wages ($12,430 reduced to $5,589)(One year) ; Reimbursement of lost benefits ($13,480.75 reduced to $6,066.34)(One year) ; Compensation for humiliation etc ($7,000 reduced to $3,150) ; Costs reserved |
| Statutes | ERA s124 |
| Cases Cited | W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448 |
| Number of Pages | 8 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |