| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 273/06 |
| Hearing date | 23 May 2006 |
| Determination date | 25 August 2006 |
| Member | R A Monaghan |
| Representation | J Coyle ; S Langton |
| Location | Auckland |
| Parties | Trotter & Parkinson v Bank of New Zealand |
| Summary | UNJUSTIFIED DISMISSAL – Serious misconduct - Alleged breach of code of conduct - Respondent introduced new policy under which it would no longer deal with mortgage brokers – Any relationships with mortgage brokers had to cease – Applicants concluded that Alliance was not a mortgage broker and continued relationship with them – Respondent believed that certain actions of Alliance meant were mortgage brokers - Respondent did not have enough information on which it could fairly and reasonably conclude that in reality a fee was being paid to Alliance for its services – Not enough information on which respondent could fairly and reasonably conclude that first applicant knew Alliance representative was acting as a broker but continued arrangement anyway – Not open to respondent to find first applicant took steps to conceal dealings – No evidence of deliberate falsification – Both applicants unjustifiably dismissed – Procedural unfairness – Vagueness in way serious allegations put to applicants – Lack of access to representation – Applicants relative lack of response to respondent’s requests for comments on conclusions before it confirmed decisions to dismiss not weighed against applicants – Remedies – First applicant awarded four months lost remuneration and $10,000 compensation – Evidence regarding injury to first applicant’s feelings limited but took form of deep sense of outrage and injustice about what had happened – Contribution taken into account - Second applicant awarded five months lost remuneration and $20,000 compensation – Second applicant’s sign-off process not robust enough to identify unusual nature of first applicants use of empowerment – To that extent second applicant contributed to personal grievance (limited reduction) - Second applicant gave evidence of humiliation, anxiety, and loss of self worth and had deep sense of injustice - Respondent’s claims for damages and penalties dismissed - Mobile mortgage manager and area manager |
| Result | Application granted ; Reimbursement of lost wages (four months)(JT) ; (five months)(SP) ; Compensation for humiliation etc ($10,000)(JT) ; ($20,000)(SP) ; Costs reserved |
| Number of Pages | 18 |
| PDF File Link: | aa 273_06.pdf [pdf 78 KB] |