| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 410/10 |
| Hearing date | 9 Jun 2010 |
| Determination date | 13 September 2010 |
| Member | V Campbell |
| Representation | M Tawhara ; no appearance |
| Location | Auckland |
| Parties | Smith v Le Grand Hotel Ltd (In liquidation) |
| Summary | UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – No appearance for respondent – Respondent’s representative advised Authority did not have instructions from respondent and would not attend investigation meeting – Subsequently Authority advised respondent placed into liquidation – Respondent met with applicant and others to discuss hotel business - Subsequently after agreeing with applicant’s recommendations respondent criticised applicant and co-worker not bringing in new business and suggested both be dismissed – Respondent dissuaded from dismissing applicant and issued verbal warning – Applicant argued no notice or indication meeting for purpose of discussing performance related issues or that disciplinary in nature – Subsequently respondent advised applicant and co-worker that were dismissed – Authority found verbal warning unjustifiably disadvantaged applicant – Found applicant’s dismissal came out of the blue – Found no indication prior to meeting that applicant facing dismissal – Found respondent’s actions not those of fair and reasonable employer – Dismissal unjustified – Remedies – No contributory conduct – Found applicant entitled to $12499 reimbursement of lost wages – Found $5,000 compensation appropriate – COSTS – Less than half day investigation meeting – Respondent ordered to pay applicant $1,000 contribution to costs |
| Result | Application granted ; Reimbursement of lost wages ($12,499.99) ; Compensation for humiliation etc ($5,000) ; Costs in favour of applicant ($1,000) |
| Main Category | Personal Grievance |
| Statutes | ERA Schedule 2 Clause 2;ERA s103A |
| Cases Cited | Air New Zealand v Hudson [2006] ERNZ 415;Bilkey v Imagepac Partners unreported, Colgan J, 7 Oct 2002, AC 65/02;Mason v Health Waikato Ltd [1998] 1 ERNZ 84;McCosh v National Bank of New Zealand Limited unreported, Colgan J, 13 September 2004, AC 49/04;NZ Storeworkers etc IUOW v South Pacific Tyres (NZ) Ltd [1990] 3 NZILR 452;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808;Toll New Zealand Consolidated Ltd v Rowe unreported, 19 December 2007, Shaw J, AC 39A/07;X v Auckland District Health Board [2007] ERNZ 66 |
| Number of Pages | 7 |
| PDF File Link: | aa 410_10.pdf [pdf 35 KB] |