| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 117/09 |
| Hearing date | 18 Aug 2009 |
| Determination date | 21 August 2009 |
| Member | D Asher |
| Representation | A Tayler ; no appearance |
| Location | Wellington |
| Parties | Pollock v Aotearoa Coolstores Ltd |
| Summary | UNJUSTIFIED DISMISSAL – UNJUSTIFIED DISADVANTAGE – No appearance for respondent – Applicant claimed unjustified suspension and dismissal – Respondent argued unauthorised absences by applicant and refused to give up secondary employment despite requests – Applicant operated own company while employed at respondent – Respondent advised applicant received complaint from client about applicant’s secondary employment – Applicant put on paid leave while respondent found applicant alternative position – Respondent offered and applicant accepted alternative fixed term position in another city – Applicant arranged for step-brother to run company while applicant worked in new position – Applicant advised respondent could not start new position on required day because of difficulties with step-brother – Respondent accepted explanation – Following day applicant advised unable to start new position as difficulties not resolved - Applicant dismissed – Authority found respondent initially authorised applicant’s absence therefore company policy not breached – Found applicant’s secondary employment not in breach of policy – Found applicant’s dismissal arbitrary – Dismissal unjustified – Found no suspension because applicant sent home on pay pending further meeting and action not opposed by applicant – No disadvantage – REMEDIES – No contributory conduct – Reimbursement of 3 months lost wages – Found $12,000 compensation appropriate for arbitrary dismissal and its impact on applicant – PENALTY – Applicant sought penalty for breach of good faith obligations and unlawful suspension – Found no unjustified suspension Found while respondent’s responsiveness “less than ideal”, not sufficient to warrant penalty – COSTS – Found contribution to costs of $2,000 appropriate – Manager |
| Result | Application granted (Unjustified dismissal) ; Application dismissed (Unjustified disadvantage)(Penalty) ; Reimbursement of lost wages (Less other earnings)(Quantum to be determined) ; Compensation for humiliation etc ($12,000) ; Costs in favour of applicant ($2,000) |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s160;ERA s173;ERA cl12,sch2 |
| Number of Pages | 7 |
| PDF File Link: | wa 117_09.pdf [pdf 21 KB] |