| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 164 |
| Hearing date | 4 Apr 2012 |
| Determination date | 15 May 2012 |
| Member | R A Monaghan |
| Representation | D Vinnicombe ; P Craggs |
| Location | Auckland |
| Parties | Bain v Air Parking Management Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Respondent operated ‘don’t touch’ rule for drivers of customers’ cars – Applicant spoken to twice about tampering with customers’ radios – Applicant altered volume of customer’s (“X”) radio – X heard loud music coming from X’s car when waiting for car to be returned – Incident came to attention of respondent – Respondent commenced disciplinary investigation – Applicant informed that matter serious and job in jeopardy – Applicant suspended – At meeting applicant claimed radio not very loud and X over-reacted – Applicant dismissed – Applicant claimed dismissal so harsh as to be beyond what fair and reasonable employer could do – Authority found applicant’s conduct serious misconduct as defined in respondent’s rules – Found applicant’s explanation unacceptable – Found applicant’s conduct had implications for customers’ perceptions of respondent’s business – Found applicant had transgressed before and promised not to do so again, reducing trust respondent could place in further assurances – Found applicant still did not understand importance of ‘don’t touch’ rule – Found respondent’s failure to take disciplinary action against applicant on previous occasions did not undermine justification for dismissal – Found applicant’s actions serious misconduct – Dismissal justified – Valet |
| Result | Application dismissed; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Cases Cited | Northern Distribution Union v BP Oil New Zealand Ltd [1992] 3 ERNZ 483;NZ (except Taranaki etc) Woollen Mills etc and Related Trades IUOW v Woolrest International Limited [1985] ACJ 643 |
| Number of Pages | 7 |
| PDF File Link: | 2012_NZERA_Auckland_164.pdf [pdf 127 KB] |