| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 386/07 |
| Hearing date | 4 Dec 2007 |
| Determination date | 06 December 2007 |
| Member | L Robinson |
| Representation | T Kurta ; K McConnell |
| Location | Auckland |
| Parties | Braganza v Brand Developers Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Summary dismissal - Respondent alleged applicant dismissed for dishonestly inputting data and for poor attitude - Applicant dismissed by telephone by call centre manager at managing director’s instruction - Allegation of dishonesty not credible - Absence of investigation by respondent into dishonesty allegation - Process unfair and unjustifiable - Claims of poor attitude insufficient to warrant summary dismissal - Dismissal unjustified - Remedies - No contributory conduct - Applicant claimed 36 weeks lost wages - Insufficient steps taken to mitigate losses in searching for work - Awarded 12 weeks lost wages - Compensation awarded for shaken confidence, humiliation and loss of dignity - Reinstatement not initially sought but raised at investigation meeting - Reinstatement ordered as not impractical - PENALTY - Respondent initially failed to attend mediation, but attended subsequently - Penalty declined - Part-time employee - Call centre customer care representative |
| Result | Application granted ; Reinstatement ordered ; Reimbursement of lost wages ($2,220)(12 weeks) ; Compensation for humiliation etc ($3,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Number of Pages | 7 |
| PDF File Link: | aa 386_07.pdf [pdf 29 KB] |