| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 9/04 |
| Hearing date | 29 Jan 2004 |
| Determination date | 03 February 2004 |
| Member | D Asher |
| Representation | L Campbell ; J Cain |
| Location | New Plymouth |
| Parties | Keene v Bunnings Ltd (formerly Benchmark Building Supplies Ltd) |
| Summary | UNJUSTIFIED DISMISSAL - Misrepresentation - Serious misconduct - Whether substantively justified - Pre-employment application form - Alleged intentionally misled respondent regarding health - Workplace injury to back as result of lifting - Previous injury to back as result of car accident - Previous injury fully treated 16 years ago - No re-occurring side effects - Applicant answered in negative to questions whether suffered from lifting problems - Did not deliberately misrepresent position regarding health - Did not turn mind to previous injury - Warranted to ignore injury cured 16 years previously - Question had to relate to problems carrying out duties - Respondent should have considered ACC report which stated injuries not related - Full and fair investigation not carried out - Dismissal substantively unjustified - Retail supervisor |
| Result | Application granted ; Reimbursement of lost wages (Quantum determined by parties)(2.5 months) ; Compensation for humiliation etc ($6,000) ; Costs reserved |
| Statutes | Contractual Mistakes Act 1979 s7;ERA s162 |
| Cases Cited | Collings v McKenzie (1988) 2 NZBLC 102,997;Murray v Attorney General in respect of the Chief Executive of the Inland Revenue Department [2002] 1 ERNZ 184;W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448 ; [2001] 3 NZLR 29 |
| Number of Pages | 10 |
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