| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 77/10 |
| Hearing date | 31 Mar 2010 |
| Determination date | 26 April 2010 |
| Member | P R Stapp |
| Representation | F Schouten (Applicant in person) ; J Gwilliam |
| Location | Wellington |
| Parties | Schouten v Amalgamaged Joiners (1997) Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Applicant claimed summary dismissal unjustified – Respondent argued applicant made threats justifying summary dismissal – Altercation occurred between parties – Conflict of evidence over who initiated altercation and what said – Respondent alleged applicant stated “I’ll get crow a bar and hit you … with it you c…” – Applicant claimed comment not threat but figure of speech – Applicant instantly dismissed – Authority found both parties upset during altercation - Found applicant knew respondent in bad mood and should not have responded negatively – Found applicant made alleged threat in heat of moment – Found although alleged threat may constitute serious misconduct, lack of procedure unjustified – Found fair and reasonable employer would have dealt with matter after cooling off and considered alternatives to dismissal – Found situation not sufficiently extreme to justify instant dismissal given different version of events given by parties – Found dismissal unjustified – REMEDIES – Found 25 percent contributory conduct as applicant should have not responded to respondent negatively and escalated matter – Found reimbursement of six weeks lost wages as applicant failed to mitigate loss – $3,000 compensation appropriate |
| Result | Application granted ; Reimbursement of lost wages ($4,416 after reduction $3,312) ; Compensation for humiliation etc ($3,000 after reduction $2,250) ; Disbursements in favour of applicant ($70)(Filing fee) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Cases Cited | Davis Trading v Lewis [1993] 2 ERNZ 272;Finsec v AMP Society [1992] 1 ERNZ 280;New Zealand Food Processing IUW v Unilever [1990] 1 NZILR 35 |
| Number of Pages | 9 |
| PDF File Link: | wa 77_10.pdf [pdf 32 KB] |