| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 152/07 |
| Hearing date | 17 May 2007 |
| Determination date | 17 May 2007 |
| Member | L Robinson |
| Representation | C Elliot ; P Tremewan |
| Location | Auckland |
| Parties | Kernahan v Review Publishing Co Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Misconduct - Summary dismissal - Applicant allegedly threatened another employee (F") during meeting - Employment agreement ("IEA") stated contract for 12 weeks with performance reviews, contract would then be renegotiated or terminated - Also contained trial period - F made written complaint applicant threatened her on two occasions - Applicant summarily dismissed for "gross misconduct" at subsequent meeting with decision-maker ("M") - M told applicant received complaint and eventually disclosed F's identity - Applicant requested details but told did not have to provide them - Agreement completely failed to meet s66 Employment Relations Act 2000 requirements - At applicant's election, employment was indefinite - Authority found complaint forced applicant's termination - Employment not fixed term - Applicant given no prior notice of matters to be discussed at dismissal meeting - Fair and reasonable employer would have told applicant matter serious and could lead to dismissal, given opportunity to take advice and have support person present - Not given particulars of complaint - M gave conflicting evidence whether had F's complaint at dismissal meeting - Unfair not in position to know precise allegations - Fair and reasonable employer would have given applicant opportunity to defend herself as matter of natural justice - M's notes of meeting suggested predetermination and corroborated evidence applicant given no time to object to dismissal decision - Not actions of fair and reasonable employer - Dismissal unjustified - Remedies - Applicant acted unprofessionally, aggressively and in hostile way towards F - Hostile behaviour led to grievance - Contributory conduct 25% - Period of alleged loss not restricted to any fixed term, and probationary period not relevant to question of reimbursement - Because of failure to mitigate loss and contribution, Authority declined reimbursement - Applicant in receipt of legal aid - Length of service 20 days - Account manager" |
| Result | Application granted ; Compensation for humiliation etc ($3,000 reduced to $2,250) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s66;ERA s67;ERA s103A |
| Number of Pages | 7 |
| PDF File Link: | aa 152_07.pdf [pdf 29 KB] |