| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 6/08 |
| Hearing date | 16 Oct 2007 |
| Determination date | 21 January 2008 |
| Member | H Doyle |
| Representation | M Vesty ; G Malone |
| Location | Nelson |
| Parties | McKenzie v Extensions to Life Ltd |
| Other Parties | Murray Kerr |
| Summary | UNJUSTIFIED DISMISSAL – Misconduct – Employment ended after two weeks – Applicant employed as care coordinator for first respondent’s disabled son “D” – “D” required full time care after serious car accident – Other staff raised complaints and concerns of applicant – Witness claimed applicant made inappropriate comments about resuscitating “D” and told other staff D’s file “made for good reading” – First respondent claimed could not trust applicant to properly care for “D” – Summary dismissal – Viewed objectively comments not in good taste, however, not misconduct that fair and reasonable employer would decide should lead to dismissal – Applicant not advised of nature of allegations – Not advised employment could be terminated or entitled to representative – First respondent claimed had to take immediate action to protect “D” – Applicant not provided with real opportunity to explain – First respondent had made up mind to terminate prior to disciplinary meeting – Fair and reasonable employer would have approached allegations with open mind – Applicants failure to return file when asked not what fair and reasonable employer would consider misconduct that justified summary dismissal – No proper investigation – Fair and reasonable employer could not have reached view on serious allegations without further investigation – Process unfair – Procedural and substantive respects in case inseparable – Dismissal procedurally and substantively unjustified – Applicants inappropriate comment contributed to situation that gave rise to grievance – Contributory conduct 10 percent – Care coordinator |
| Result | Application granted ; Reimbursement of lost wages ($5,334.92 reduced to $4,801.43) ; Compensation for humiliation etc ($7,000 reduced to $6,300) ; Penalty ($300)(Payable to applicant) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s63A;ERA s135 |
| Number of Pages | 16 |
| PDF File Link: | ca 6_08.pdf [pdf 55 KB] |