| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2011] NZERA Wellington 174 |
| Hearing date | 7 Jul 2011 |
| Determination date | 10 November 2011 |
| Member | G J Wood |
| Representation | N Flint ; P Macdonald |
| Location | Wellington |
| Parties | Davidson v Bledisloe New Zealand Ltd t/a Gee & Hickton Funeral Directors |
| Summary | UNJUSTIFIED DISMISSAL – Misconduct – Applicant claimed unjustifiably dismissed by respondent – Authority previously found applicant’s final warning justified, but subsequent failure by respondent to allow applicant to return to work and stopping pay were unjustified actions – Respondent alleged further unauthorised phone calls made after final warning issued – Applicant gave suffering from cancer as reason for unauthorised phone calls – Applicant claimed phone calls about cancer situation generally and attempt to deal with issues at time – Applicant claimed suffering from psychological effects of medication which increased anxiety – Applicant claimed rang daughter when heard daughter was told applicant suicidal – Applicant claimed did not want daughter to worry because not suicidal – Applicant dismissed – Authority found dismissal related to ongoing series of decisions by respondent to keep applicant away from workplace – Found respondent relied heavily in dismissal letter on breach of protocol – Authority already found not justifiable reason to keep applicant away from work – Found respondent failed to take into account that applicant suffering from aggressive and potentially life threatening form of cancer – Found respondent knew about cancer at time of dismissal – Found fair and reasonable employer would not have dismissed applicant because applicant put forward reasonable explanation for breaching protocol – Found explanation genuine and reasonable – Found failure to ask permission to make phone call not so serious to justify dismissal – Found respondent relied on previous warnings which respondent accepted would not have been issued if respondent had known about cancer situation – Dismissal unjustified – REMEDIES – 25 percent contributory conduct – Found applicant should have sought permission to make phone calls – Found applicant did not properly mitigate loss – Six weeks reimbursement of lost wages appropriate - $5,250 compensation appropriate |
| Result | Application granted ; Contributory conduct (25%) ; Compensation for humiliation etc ($7,000 reduced to $5,250) ; Reimbursement of lost wages (8 weeks reduced to 6 weeks) ; Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | Davidson v Bledisloe New Zealand Limited T/A Gee & Hickton Funeral Directors [2011] NZERA Wellington 41 |
| Number of Pages | 6 |
| PDF File Link: | 2011_NZERA_Wellington_174.pdf [pdf 29 KB] |