| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 18/09 |
| Hearing date | 17 Feb 2009 |
| Determination date | 26 February 2009 |
| Member | J Crichton |
| Representation | R Thompson ; no appearance |
| Location | Christchurch |
| Parties | Newble v Moda Pietra Ltd |
| Summary | UNJUSTIFIED DISMISSAL - No appearance for respondent - Applicant had communication difficulties with co-worker (“M”) - Altercation between applicant and M in which applicant made reference to “monkeys” - Altercation witnessed by respondent’s director (“C”) - Applicant claimed reference not intended as racial slur but as comment on M’s competence - Respondent did not respond to altercation until several weeks later - Applicant called to meeting with C and told dismissed because communication problems with M bad for business - Respondent purported to rely on probationary period in applicant’s employment agreement (“EA”) - Authority found applicable EA did not contain probationary period - Respondent unable to rely on probationary period - Authority satisfied word “monkey” used and even though likely applicant intended no offence, remark ill advised and almost inevitable would cause offence - Authority found applicant not warned of nature of meeting and given no opportunity to explain - Applicant provided with no evidence respondent conducted any inquiry or followed proper process - Applicant not asked to explain alleged racist remark - Authority found respondent’s process unfair - Decision to dismiss not one fair and reasonable employer would have made in circumstances - Dismissal unjustified - Remedies - No contributory conduct - Authority noted finding did not mean Authority supportive of racist or uncharitable observations made by one employee to another, as it was not - Award of $1,760 reimbursement of lost wages and $5,000 compensation appropriate - COSTS - Successful personal grievance - One day investigation meeting - Respondent to contribute $750 to applicant’s costs - Machine operator |
| Result | Application granted ; Reimbursement of lost wages ($1,760) ; Compensation for humiliation etc ($5,000) ; Costs in favour of applicant ($750) ; Disbursements in favour of applicant ($70)(Filing fee) |
| Main Category | Personal Grievance |
| Statutes | ERA s124 |
| Number of Pages | 7 |
| PDF File Link: | ca 18_09.pdf [pdf 27 KB] |