| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 26/08 |
| Hearing date | 4 Sep 2007 |
| Determination date | 14 March 2008 |
| Member | P Cheyne |
| Representation | T Farrell (in person) ; P Zwart |
| Location | Blenheim |
| Parties | Farrell v Age Concern Marlborough Incorporated |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Respondent incorporated society providing services to older New Zealanders - Applicant both member and employee of respondent - Respondent claimed applicant’s unauthorised amendments to respondent’s constitution resulted in loss of trust and confidence - Respondent claimed other events caused breakdown in working relationship, particularly with respondent’s chairperson (“P”) - Parties disputed P’s presence when changes made to constitution - Authority found P not present when changes made - Authority did not accept fair and reasonable employer would have concluded applicant’s actions in amending constitution amounted to serious misconduct justifying dismissal - Found tension between applicant and P did not justify dismissal on its own - Dismissal unjustified - Remedies - Finding of fifty percent contributory conduct - Changes to constitution should have been limited to those requested or additional amendments discussed - Found applicant fuelled tension with P by inappropriate language and actions - However, applicant not to blame for mischaracterisation of conduct as serious misconduct - Authority accepted applicant angry because believed P orchestrated dismissal and excluded applicant from work that was important to him - Compensation of $2,500 after contribution awarded - No claim for reimbursement of lost wages - ARREARS OF WAGES - Authority found no reliable evidence of agreement between parties for any of arrears of wages applicant claimed owing - Claims dismissed - Fieldworker |
| Result | Application granted (Unjustified dismissal) ; Compensation for humiliation etc ($5,000 reduced to $2,500) ; Application dismissed (Arrears of wages) ; Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | Murray v Attorney General in respect of the Chief Executive of the Inland Revenue Department [2002] 1 ERNZ 184;New Zealand Fire Service Commission v Reid [1998] 2 ERNZ 250;Northern Distribution Union v BP Oil Ltd [1992] 3 ERNZ 483 |
| Number of Pages | 13 |
| PDF File Link: | ca 26_08.pdf [pdf 47 KB] |