| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 87/10 |
| Hearing date | 14 Oct 2009 |
| Determination date | 24 February 2010 |
| Member | V Campbell |
| Representation | A Hope ; M Round |
| Location | Auckland |
| Parties | Blackie v Shelby Park Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Misconduct - Poor performance - No written employment agreement - Female employee (“X”) complained to applicant that being harassed by male employee - Applicant talked to one of respondent’s owners (“S”) who said would talk to X - X complained to applicant that S accused her of making up stories - Applicant talked to S again and was told if not happy with job could leave - S witnessed mistake by applicant that led to horse being injured - S told applicant would give him two weeks notice and dismissed applicant - Hour later S told applicant to leave following day - S conceded points relied on to dismiss applicant set out in evidence at investigation meeting not known to respondent at time of dismissal - Authority found could not have been reasons for dismissal - Found applicant not told reason for dismissal - Found fair and reasonable employer would not have made decision to dismiss without carrying out full investigation of allegations - Found respondent had issues with applicant’s performance but applicant not informed, given opportunity to explain, or told dismissal possibility - Dismissal unjustified - Remedies - Found evidence applicant responsible for some of injuries to horses - Found applicant contributed to events leading to dismissal - 25 percent contributory conduct found - Found applicant attempted to mitigate loss - Applicant’s claim for reimbursement of lost wages accepted, subject to contribution - Applicant’s claim for compensation accepted, subject to contribution - ARREARS OF WAGES - Applicant claimed not paid for one week of two week notice period - Found applicant told would be paid two weeks notice - Respondent to pay outstanding sum - Stud Farm Manager |
| Result | Applications granted ; Reimbursement of lost wages ($19,256 reduced to $14,442) ; Compensation for humiliation etc ($5,000 reduced to $3,750) ; Arrears of wages ($700) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s124;ERA s131 |
| Cases Cited | Lewis v Howick College Board of Trustees [2010] NZEmpC 4 |
| Number of Pages | 6 |
| PDF File Link: | aa 87_10.pdf [pdf 26 KB] |