| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 43/10 |
| Hearing date | 1 Feb 2010 |
| Determination date | 02 March 2010 |
| Member | J Crichton |
| Representation | S McManus ; S Dutt |
| Location | Blenheim |
| Parties | Doherty v Parkers Business Solutions Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – Applicant claimed subject to bullying by director of respondent – Applicant catalogued succession of unpleasant exchanges with director – Director claimed exchanges performance related – Meeting held and warning letter produced which applicant had never seen – Applicant instructed to prepare written explanation of behaviour in leaving certain papers on partner’s desk – Authority found applicant bullied by director – Found nature and extent of exchanges not behaviour of fair and reasonable employer – Found director went too far in demanding written explanation of conduct and ordering applicant leave premises – Found during course of investigation meeting director adopted aggressive and hectoring tone, talked over top of others and quarrelled with applicant while giving evidence – Found applicant’s evidence consistent with examples shown by director at investigation meeting – Evidence given director disliked applicant and intended to restructure applicant out of business – Found applicant disadvantaged by unjustified actions of respondent – UNJUSTIFIED DISMISSAL – Redundancy – Letter issued indicating restructuring proposal – Applicant claimed denied private meeting to comment on proposal – Applicant ordered from premises – Applicant dismissed – Director denied anything untoward in applicant’s termination and denied allegations of bullying – Found applicant had no opportunity to have any genuine input into restructuring proposal – Director relied upon staff meeting for feedback to take place – Found respondent failed to offer fair process as staff unable to speak candidly in front of co-workers – Applicant only employee dismissed for redundancy – Found redundancy not genuine – Found process completely unfair – Dismissal unjustified – REMEDIES – No contributory conduct – $5,000 compensation appropriate for unjustified disadvantage - $5,000 compensation appropriate for unjustified dismissal - $1,000 reimbursement of lost wages - $111 unpaid holiday pay due and owing – COSTS – Successful personal grievances – Length of investigation meeting not specified – Applicant represented by Union – Found Union put to extra trouble and expense in dealing with matter – Found contribution to Union’s costs appropriate |
| Result | Applications granted ; Compensation for humiliation etc ($5,000)(unjustified dismissal)($5,000)(unjustified disadvantage) ; Reimbursement of lost wages ($1,000) ; Arrears of holiday pay ($111.70) ; Disbursements in favour of applicant ($70)(filing fee) ; Costs in favour of applicant ($750)(payable to Amalgamated Workers’ Union of New Zealand) |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s124 |
| Cases Cited | Simpsons Farms Ltd v Aberhart [2006] ERNZ 825 |
| Number of Pages | 8 |
| PDF File Link: | ca 43_10.pdf [pdf 30 KB] |