| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 207/04 |
| Hearing date | 26 Apr 2004 |
| Determination date | 17 June 2004 |
| Member | J Scott |
| Representation | J McNeil (In person) ; H Kara (In person) & S Kara (In person) |
| Location | Auckland |
| Parties | McNeil v Kara and Anor |
| Other Parties | Kara |
| Summary | UNJUSTIFIED DISMISSAL - Applicant employed by respondent contract milkers - Warned about performance issues and threatening behaviour towards respondents and co-worker - Two week time limit for improvement - Applicant informed farm owner of male respondent's marijuana habit - Dismissed one week later on return from leave - Dismissal substantively and procedurally unjustified - Divulging information about drug use to appropriate third party not breach of non-disclosure of personal information clause in employment agreement - Failure to inform respondents during interview process of circumstances surrounding termination of previous employment not breach of employment agreement - Intimidation of co-worker not sufficient grounds for dismissing applicant before completion of specified two-week improvement period - Respondent given no opportunity to comment on reasons for dismissal - Reinstatement impossible - Minimal sums appropriate for reimbursement of lost wages and compensation for humiliation - Remedies reduced by 50 percent for contributory conduct - Assistant farm manager |
| Result | Application granted ; Reimbursement of lost wages ($7,006.12 reduced to $3,503.06)(11 weeks) ; Compensation for humiliation etc ($1,000 reduced to $500) ; No order for costs ; Disbursements in favour of applicant ($70) |
| Statutes | ERA s123(c)(ii);ERA s124 |
| Cases Cited | Davis Trading Company Ltd v Lewis [1993] 2 ERNZ 272;Northern Distribution Union v BP Oil [1992] 3 ERNZ 483;NZ Amalgamated Engineering Printing & Manufacturing Union Inc & Others v Air New Zealand Ltd & Business New Zealand Inc unreported, Goddard CJ, Travis, Colgan JJ, 13 April 2004, AC 22/04;NZ Food Processing IOUW v Unilever NZ Ltd [1990] 1 NZILR 35;Petersen v Board of Trustees of Buller High School [2002] 1 ERNZ 139;W & H Newspapers v Oram [2000] 2 ERNZ 448 ; [2001] 3 NZLR 29 |
| Number of Pages | 13 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |