| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 479/05 |
| Hearing date | 2 Jun 2005 - 3 Jun 2005 (2 days) |
| Determination date | 12 December 2005 |
| Member | Y S Oldfield |
| Representation | AM McInally ; P Kiely |
| Location | Auckland |
| Parties | Reti v Carter Holt Harvey Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious misconduct – Alleged bullying – Alleged bullying came as complete shock to applicant – Had worked shift for 8 years with no adverse feedback until a couple of weeks before dismissal – 50 years old – Dismissal and allegations left applicant so humiliated and depressed was not able to cope with normal daily tasks or show face in local community – Was placed on sickness benefit – Respondent’s inquiry flawed in number of respects – Predetermination – HR manager did not go into meeting with open mind – Respondent erred in placing so much reliance on independent specialist report – Specialist not highly experienced or qualified – Flaws in report – Applicant given very few specifics to respond to – Failure to follow up points raised by applicant – No allowance appeared to have been made for effects of applicant’s ill health during disciplinary process – No reasonable foundation for employer to have concluded that serious misconduct occurred – Procedural flaws made it impossible to establish that serious misconduct had occurred – Not open to respondent to summarily dismiss applicant – Even if conduct did constitute serious misconduct still could not have dismissed applicant summarily – Remedies – No contributory conduct – Lost wages quantified by applicant as $54,881 - Leave to seek assistance of Authority in quantifying precise figure |
| Result | Application granted ; Reimbursement of lost wages (16 months) ; Compensation for humiliation etc ($25,000) ; Costs reserved |
| Number of Pages | 17 |
| PDF File Link: | aa 479_05.pdf [pdf 102 KB] |