| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 97/10 |
| Hearing date | 8 Apr 2010 |
| Determination date | 28 April 2010 |
| Member | P Cheyne |
| Representation | K Murray ; R Brown |
| Location | Christchurch |
| Parties | Young v Rooney Earthmoving Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant claimed unjustified disadvantage as respondent’s manager (‘X”) forced applicant to resign – Claimed summary dismissal unjustified as X attempted to assault applicant and applicant acted in self defence – Respondent argued summary dismissal without investigation justified pursuant to “Code of Conduct” – Argued applicant assaulted X and no provocation by X – Conflict of evidence whether X provoked applicant and applicant acted in self defence – Applicant summarily dismissed after incident for serious misconduct – No investigation and opportunity for explanation given – Personal grievance raised – Respondent’s evidence preferred – Authority found applicant started physical part of confrontation – Found X reacted by pushing applicant – Found no self defence or provocation sufficient to justify applicant starting assault – Found applicant dismissed in heat of moment – Found however, Code’s meaning of “immediate dismissal” for serious misconduct did not allow for dismissal without giving applicant right to representation and investigation – Found dismissal procedurally unjustified – Found no evidence of unjustified disadvantage as applicant did not resign - REMEDIES – Found 100 percent contribution by applicant as assaulted X first and no provocation – PENALTY – Applicant sought penalties for breach of good faith - Authority declined penalty in light of applicant’s conduct – ARREARS OF WAGES – ARREARS OF HOLIDAY PAY – Authority found arrears of wages and holiday pay maybe due and owing – Leave reserved for parties’ counsel to confirm claim |
| Result | Applications granted (Unjustified dismissal)(Arrears of wages)(Arrears of holiday pay) ; Applications dismissed (Unjustified dismissal)(Unjustified disadvantage)(Penalty) ; Contributory conduct reduced remedies to nil ; Arrears of wages (Quantum to be determined)(Leave reserved) ; Arrears of holiday pay (Quantum to be determined)(Leave reserved) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s128 |
| Cases Cited | Northern Clerical etc IOUW v Manukau Knitting Mills Ltd [1990] 2 NZILR 428 |
| Number of Pages | 6 |
| PDF File Link: | ca 97_10.pdf [pdf 26 KB] |