| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 104/07 |
| Hearing date | 19 Jun 2007 - 20 Jun 2007 (2 days) |
| Determination date | 25 July 2007 |
| Member | P R Stapp |
| Representation | F Lear ; K Spackman, L Inglis |
| Location | Wellington |
| Parties | Paewai v Te Roa Whakapuaki Irirangi t/a Te Mangai Paho |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Authority granted interim reinstatement on garden leave - Two separate complaints made about applicant’s behaviour towards co-workers - Chief Executive sought confirmation and notified applicant of serious allegations - Offered choice of special leave or suspension while investigations carried out - External person engaged to investigate - Three employees interviewed and written statements obtained - Copies of report given to Chief Executive and applicant - Report found applicant treated employees in unprofessional and demeaning manner, and used position to bully and intimidate other employees - Complainants felt disempowered, unmotivated and unwilling to report to applicant for fear of reprisals - Applicant replied in writing to allegations and obtained legal representation - Applicant dismissed - Authority found report one-sided so employer required to test further then draw own conclusion - Respondent believed complainants instead of applicant - Fair and reasonable employer would have tested information more thoroughly than simply putting it to applicant, especially given nature of allegations and applicant’s denial - Unjustified dismissal - Remedies - Applicant sought reinstatement - Evidence of potential for dysfunctional work environment if reinstated - Authority found reinstatement likely to cause complainants to resign - Found probable that applicant caused workplace relationship problems - Interim reinstatement order rescinded - No contributory conduct - Received paid suspension so no previous lost wages - Entitled to four weeks future lost earnings - No need for applicant to have mitigated losses due to interim reinstatement - Evidence supporting compensation for hurt and humiliation - Awarded $15,000 compensation for humiliation, loss of dignity and injury to feelings - UNJUSTIFIED DISADVANTAGE - Applicant claimed unjustifiably suspended - Authority found whether took special leave or was suspended was side issue - Found likely was agreement for special leave - Regardless, employment agreement justified suspension - No unjustified disadvantage - Manager |
| Result | Application dismissed (reinstatement) ; Application dismissed (unjustified disadvantage) ; Application granted (unjustified dismissal) ; Compensation for humiliation etc ($15,000) ; Future lost earnings (4 weeks)(quantum to be decided by parties) |
| Main Category | Personal Grievance |
| Statutes | ERA s124 |
| Number of Pages | 7 |
| PDF File Link: | wa 104_07.pdf [pdf 35 KB] |