| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 31/07 |
| Hearing date | 12 Dec 2006 |
| Determination date | 28 March 2007 |
| Member | P Montgomery |
| Representation | G Riach ; M Harris |
| Location | Christchurch |
| Parties | Plimmer v Hawksbury Community Living Trust |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Previously mediation between parties - Applicant told colleague who attended, and that manager cried during mediation - Respondent saw this as breach of confidentiality and alleged relationship irreparably damaged - Applicant summarily dismissed - No prohibition on disclosing who attended mediation or reactions of participants - No evidence applicant disclosed discussions or details of what agreed - Confidentiality of mediation not breached - Participation of manager in disciplinary investigation in any role other than as witness breached principles of natural justice - Also failed to interview colleague about disclosure - Investigation tainted by bias and unfair to applicant - Applicant's conduct injudicious but not a breach of statute or serious misconduct - Dismissal unjustified - Senior support worker |
| Result | Application granted ; Reimbursement of lost wages ($11,322)(17 weeks) ; Compensation for humiliation etc ($12,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s148 |
| Cases Cited | Air New Zealand Ltd v Hudson [2006] 1 ERNZ 415 |
| Number of Pages | 6 |
| PDF File Link: | ca 31_07.pdf [pdf 44 KB] |