| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 126/05 |
| Hearing date | 18 Feb 2005 |
| Determination date | 11 April 2005 |
| Member | Y S Oldfield |
| Representation | M Ryan ; S Langton |
| Location | Auckland |
| Parties | Millar v Re/Max New Zealand Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Respondent worked in head office supporting franchises - Summarily dismissed for giving third party confidential financial information about franchise and making derogatory comments about franchise staff - No advance notice of allegations or that job in jeopardy, or opportunity to bring support person - Lack of procedural fairness conceded by respondent - Unjustified dismissal - Breach of confidence established - Amounted to serious misconduct - Remedies - Contributory conduct 50% - Seriousness of procedural faults prevented higher level - Reimbursement of lost wages assessed taking account of amounts received through income protection insurance - National accounts administrator |
| Result | Application granted ; Reimbursement of lost wages ($7833.32 reduced to $3916.66)(2 months reduced to 1 month) ; Compensation for humiliation etc ($7,000 reduced to $3,500) ; Costs reserved |
| Statutes | ERA s123(b);ERA s123(c)(i);ERA s124 |
| Cases Cited | Ark Aviation Ltd v Newton [2001] ERNZ 133 |
| Number of Pages | 4 |
| PDF File Link: | aa 126_05.pdf [pdf 26 KB] |