| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2011] NZERA Wellington 161 |
| Hearing date | 31 Aug 2011 |
| Determination date | 21 October 2011 |
| Member | D King |
| Representation | D Gelb ; D Forde |
| Location | Wellington |
| Parties | Faulkner v Clarity Group Ltd t/a Tielcey Park |
| Summary | UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant claimed unjustifiably dismissed by respondent – Respondent failed to file Statement in Reply – Respondent manager (“F”) suspended applicant – Applicant claimed F refused to provide reason for suspension – F claimed sent applicant letters which stated investigation being conducted and dismissal justified for serious misconduct – Applicant claimed never received letters – Authority found F did not send letters to applicant – Found F did not give applicant reason for suspension – Found applicant dismissed at time of suspension – Dismissal unjustified – REMEDIES – No contributory conduct – $10,010 reimbursement of lost wages appropriate – $6,000 compensation appropriate – Interest payable |
| Result | Application granted ; Reimbursement of lost wages ($10,010) ; Interest (7.5%) ; Compensation for humiliation etc ($6,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA Second Schedule cl11 |
| Number of Pages | 4 |
| PDF File Link: | 2011_NZERA_Wellington_161.pdf [pdf 16 KB] |