| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 169/10 |
| Hearing date | 30 Sep 2010 |
| Determination date | 22 October 2010 |
| Member | D Asher |
| Representation | T Taunt ; B Quarrie |
| Location | Napier |
| Parties | Kerr v Animalz Vetent Napier Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant (Ms Kerr – Employee) claimed unjustifiably disadvantaged and unjustifiably constructively dismissed following disciplinary meeting and subsequent issuing of memo naming applicant – Applicant called to disciplinary meeting regarding accusation had bullied staff – Allegations put to applicant and response sought – Applicant advised being placed on performance management plan – Subsequently respondent (Animalz Vetent Napier Ltd – Employer) issued memo to all staff – Applicant took strong exception to contents of memo and grievance raised – Authority found no evidence of any investigation by respondent before or at meeting with applicant – Found no record of respondent interviewing those critical of applicant so as to fully measure allegations – Found unsubstantiated findings amounted to serious breach of duty so that substantial risk of resignation reasonably foreseeable – Found respondent’s CEO’s inappropriate comments concerning applicant also evidence of view derived without benefit of investigation and balanced consideration – Found no evidence of applicant making confidential details public, breaking rules, being untruthful, or campaigning against respondent – Authority found applicant unjustifiably constructively dismissed as result of cumulative effects of outcome of disciplinary meeting and memo – Remedies – No contributory conduct – Found applicant entitled to $2,796 reimbursement of lost wages – Found applicant provided clear evidence of hurt experienced as result of dismissal – $13,000 compensation appropriate – Vet Nurse Manager |
| Result | Application granted ; Reimbursement of lost wages ($2,796.00) ; Compensation for humiliation etc ($13,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Cases Cited | Air New Zealand Ltd v V (2009) 9 NZELC 93,209 ; 6 NZELR 582;Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW Inc [1994] 1 ERNZ 168 |
| Number of Pages | 8 |
| PDF File Link: | wa 169_10.pdf [pdf 38 KB] |