| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2011] NZERA Christchurch 179 |
| Hearing date | 15 Aug 2011 |
| Determination date | 18 November 2011 |
| Member | J Crichton |
| Representation | L Laing (in person), L Burrell ; V Purgaric |
| Location | Oamaru |
| Parties | Laing v George Weston Foods (New Zealand) Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed applicant used abusive, threatening and offensive language in workplace, was violent and harassed and bullied customer – Respondent claimed applicant banned from North Side New World store – Applicant invited to disciplinary meeting – Applicant claimed uncomfortable about attending meeting without support person as usual support person unavailable – Applicant claimed not given written complaints – Applicant claimed rejected wrongdoing – Applicant claimed not consulted after meeting – Applicant claimed respondent did not know others involved in incident and therefore did not have statements before meeting conducted – Applicant claimed meeting notes not accurate – Applicant claimed asked to sign confusing dismissal letter – Applicant dismissed – Authority found applicant made clear comfortable to proceed with meeting without support person – Found applicant not shown written complaints – Found respondent did not properly assess nature of applicant’s explanations – Found applicant not given proper opportunity to be heard – Found applicant not banned from store by owner – Found respondent decided to refer to applicant as having been banned – Found difficult to assess whether meeting notes accurate – Found applicant only found out dismissed when read letter – Found conveying dismissal in haphazard and unstructured way not in accordance with principles and not action of fair and reasonable employer – Found applicant did not receive timely copies of correspondence – Dismissal unjustified – REMEDIES – 50 percent contributory conduct – $500 reimbursement of lost wages appropriate - $1,000 compensation appropriate – Merchandiser |
| Result | Application granted ; Contributory conduct (50%) ; Reimbursement of lost wages ($1,000 reduced to $500) ; Compensation for humiliation etc ($2,000 reduced to $1,000) ; Costs to lie where they fall ; Disbursements in favour of applicant ($71.56)(Filing fee) |
| Main Category | Personal Grievance |
| Number of Pages | 12 |
| PDF File Link: | 2011_NZERA_Christchurch_179.pdf [pdf 55 KB] |