| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 237/07 |
| Hearing date | 11 Apr 2007 |
| Determination date | 08 August 2007 |
| Member | V Campbell |
| Representation | R Alchin ; B Pohia |
| Location | Hamilton |
| Parties | Heremia v Wilding International Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Summary dismissal - Applicant initially in relationship with respondent's manager (P") - P subsequently involved with applicant's friend and co-worker ("C") - Relations deteriorated to point applicant asked to be separated from C - C made formal complaints applicant intimidated her and other staff - Advised to attend meeting and issue serious misconduct - Applicant requested specific information about complaints but no information provided - P conducted investigation and concluded applicant intimidated, bullied, and victimised C - Applicant believed would not receive fair hearing and asked for mediation - Applicant's explanations not accepted - P also considered applicant's refusal to agree to changes in employment agreement and alleged organising of staff union meetings serious misconduct, and dismissed applicant - In order to safely conclude applicant victimising, intimidating, or bullying C, P needed to be satisfied actions repeated, carried out with desire to gain power or exert dominance and with intention to cause fear and distress - Fact applicant took action to avoid contact with C did not mean was intimidating, victimising, or bullying C - Not satisfied P undertook full and fair investigation into allegations and P reached several firm conclusions prior to meeting - Disciplinary process dogged by bias and predetermination and investigation procedure and dismissal wholly deficient - Fair and reasonable employer would have taken steps to resolve concerns and improve applicant and C's work relationship - Respondent's actions and how it acted not those of fair and reasonable employer - Caregiver" |
| Result | Application granted ; Reimbursement of lost wages ($661.50)(2 weeks) ; Compensation for humiliation etc ($5,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Cases Cited | Evans v Gen-i Ltd unreported, D King, 29 August 2005, AA 333/05;NZ Educational Institute v Board of Trustees of Auckland Normal Intermediate School [1992] 3 ERNZ 243 |
| Number of Pages | 13 |
| PDF File Link: | aa 237_07.pdf [pdf 65 KB] |