| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 138/07 |
| Hearing date | 3 May 2007 |
| Determination date | 03 May 2007 |
| Member | L Robinson |
| Representation | B Quarrie ; M Richards |
| Location | Auckland |
| Parties | Mr I v Mr C |
| Summary | UNJUSTIFIED DISMISSAL - Successful personal grievance claim for unjustified dismissal – Remedies - Contributory conduct 20% applicable to monetary remedies - Compensation for humiliation etc $10,000 reduced to $8,000 – Parties to calculate reimbursement of lost wages – Applicant also sought reinstatement - No impracticability to reinstatement and appropriate in circumstances – Reinstatement ordered - Non-publication order in relation to names of parties and evidence given in determination – Publication of evidence could defeat or compromise efficacy of Authority’s order for reinstatement |
| Result | Application granted ; Reinstatement ordered ; Parties directed to mediation ; Reimbursement of lost wages (Quantum to be determined by parties, to be reduced by 20%) ; Compensation for humiliation etc ($10,000 reduced to $8,000) ; Orders accordingly ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s124 |
| Number of Pages | 19 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |