| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 5/07 |
| Hearing date | 8 Nov 2006 - 9 Nov 2006 (2 days) |
| Determination date | 24 January 2007 |
| Member | J Crichton |
| Representation | F Wall ; T McGinn |
| Location | Christchurch |
| Parties | Hamilton v B&D Doors Ltd, previously known as Dominator International Ltd and Ors |
| Other Parties | Foster, Fisher |
| Summary | UNJUSTIFIED DISADVANTAGE - Applicant alleged performance targets set without consultation - No evidence of this and nothing wrong with targets being formulated - Also alleged demoted from managerial position - Respondent concerned about production - Decided another employee would take over management role temporarily - Respondent's claim applicant accepted plan not accepted - No written agreement - No legal basis for demotion - Unilateral change to terms and conditions - Irrelevant continued to receive full salary - No performance review or opportunity to improve - Applicant suspended after respondent received reports he changed machine settings - No general legal right to suspend - Demotion and suspension unjustified actions - UNJUSTIFIED DISMISSAL - Misconduct - Applicant denied changing machines - Respondent concluded applicant responsible and actions serious misconduct - Applicant summarily dismissed - Respondent's investigation and evidence not robust enough to ground dismissal - Authority not persuaded settings changed with sinister intent - Dismissal unjustified - PENALTY - Applicant sought penalty for failure to provide written employment agreement and demotion - Matters dealt with under personal grievance, no need for penalty - No lockout as alleged by applicant as respondent lacked required motive - No evidence second and third respondents incited, instigated, aided or abetted breach of applicant's employment agreement - Manager |
| Result | Application granted (Disadvantage, Dismissal) ; Reimbursement of lost wages ($11,250)(3 months) ; Compensation for humiliation etc ($1,000)(Demotion disadvantage) ; ($1,000)(Suspension disadvantage) ; ($5,000)(Dismissal) ; Application dismissed (Penalty) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s82(1)(b);ERA s103A;ERA s134(2) |
| Cases Cited | W & H Newspapers v Oram [2000] 2 ERNZ 448 ; [2001] 3 NZLR 29;Xu v McIntosh [2004] 2 ERNZ 448 |
| Number of Pages | 9 |
| PDF File Link: | ca 5_07.pdf [pdf 57 KB] |