| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 40/09 |
| Hearing date | 1 Apr 2009 |
| Determination date | 06 April 2009 |
| Member | P Cheyne |
| Representation | S Harwooe (in person) ; no apearance |
| Location | Queenstown |
| Parties | Harwood v Eco Tours Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Misconduct – UNJUSTIFIED DISADVANTAGE – No appearance for respondent – Applicant claimed unjustified written warnings, suspension and dismissal - Applicant arrived at workplace to find work bus unavailable – Two days later, applicant received letter with two written warnings concerning past incidents and suspension letter – Suspension letter alleged applicant used “foul language” overheard by customer causing loss of potential contract – First time applicant saw warnings and suspension letter – Applicant wrote to respondent however no response received – Applicant’s representative later received email advising applicant suspended and dismissed due to gross misconduct – Authority found written warnings, suspension and dismissal substantively and procedurally unjustified – Found parties discussed applicant’s conduct however applicant not notified discussion a warning – Employment agreement (EA") provided employee could be suspended on pay pending disciplinary investigation – Found suspension without pay breached EA – Dismissal unjustified – Disadvantage unjustified – REMEDIES – No contributory conduct – Found no evidence to support allegations of gross misconduct – Global award of $7,500 compensation for unjustified disadvantage and dismissal – Awarded difference in earnings between old and new position for 22 week period – Authority noted respondent obstructed rather than facilitated investigation - COSTS – Applicant represented self – No order for costs – Bus Driver" |
| Result | Application granted; Reimbursement of lost wages ($5,825.80)(22 weeks) ; Compensation for humiliation etc ($7,500) ; Disbursement in favour of applicant ($70)(Filing fee) |
| Main Category | Personal Grievance |
| Statutes | ERA s128(3) |
| Number of Pages | 5 |
| PDF File Link: | ca 40_09.pdf [pdf 22 KB] |