| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 287 |
| Hearing date | 13 Apr 2011 - 14 Apr 2011 (2 days) |
| Determination date | 05 July 2011 |
| Member | V Campbell |
| Representation | A Taylor ; S Franklin |
| Location | Auckland |
| Parties | Te Riini v Tuwharetoa Ki Kawerau Health Education and Social Services Charitable Trust |
| Summary | UNJUSTIFIED DISADVANTAGE - Applicant claimed respondent failed to provide safe workplace, undermined position and failed to carry out fair investigation - Respondent's chairperson (S") threatened applicant with warning if applicant failed to provide documentation or attend meeting - S suspended applicant and threatened other employees at meeting with dismissal - After meeting S wrote letter to Board criticising applicant's conduct - Authority found incident at meeting occurred after S requested copies of employment agreements - Found applicant and other employees were misinformed agreements confidential and Board should not have access - Found applicant reluctant to give access - Applicant noted previous physical confrontation between parties two years ago and applicant claimed undermined by S - Found likely incident two years ago occurred as described by applicant - Found respondent aware of difficult relationship between S and applicant and should have taken steps to prevent similar incidents - Applicant claimed respondent unreasonably delayed investigation into incident at meeting and failed to ensure investigation procedurally fair - Found respondent undertook full investigation into S's conduct at meeting as all employees involved also completed incident reports - Found investigation delay inordinate - Applicant claimed respondent undermined role when undertook disciplinary investigation involving two employees - Found applicant unjustifiably disadvantaged as respondent failed to provide reasons or undertake further investigation before confirming applicant's suspension - REMEDIES - No contributory conduct - Authority noted other employees were applicant's family and parties from small community - $5,000 compensation appropriate - GOOD FAITH - PENALTY - Applicant claimed respondent breached duty of good faith as advertised applicant's position and failed to provide reasons for suspension - Found respondent's interim chairperson not offered applicant's position - Found respondent extending investigation beyond necessary period breached duty of good faith - Found breaches deliberate, serious and sustained but occurred before amendment to Employment Relations Act 2000 - $3,000 shared penalty appropriate - Chief Executive Officer" |
| Result | Applications granted ; Compensation for humiliation etc ($5,000) ; Penalty ($1,500)(Payable to Crown) ($1,500)(Payable to applicant) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4A;ERA s124;ERA s136(2) |
| Cases Cited | Graham v Airways Corporation of New Zealand Ltd [2005] ERNZ 587;Tawhiwhirangi v A-G in respect of Chief Executive, Department of Justice [1993] 2 ERNZ 546 |
| Number of Pages | 10 |
| PDF File Link: | 2011_NZERA_Auckland_287.pdf [pdf 35 KB] |