| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2012] NZERA Christchurch 98 |
| Hearing date | 18 Apr 2012 |
| Determination date | 22 May 2012 |
| Member | D King |
| Representation | G Amey ; M Hebberd |
| Location | Christchurch |
| Parties | Grant v Hebberd Bus Services 2009 Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Serious Misconduct - Applicant claimed unjustifiably dismissed and unjustifiably disadvantaged by respondent - Authority found respondent did not carry out investigation and applicant not given opportunity to comment - Found no contractual entitlement for respondent to suspend applicant without pay - Applicant unjustifiably disadvantaged by suspension - Dismissal unjustified - REMEDIES - 15 per cent contributory conduct - $309 reimbursement of lost wages for unjustified disadvantage - $2,618 reimbursement of lost wages for unjustified dismissal - $8,500 compensation appropriate for unjustified disadvantage and dismissal - ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought arrears of wages and holiday pay - Authority found unable to calculate arrears of wages as unable to conclude on evidence that applicant worked hours claimed - Respondent to pay applicant $2,650 arrears of holiday pay - School Bus Driver |
| Abstract | Applicant employed as school bus driver. Applicant claimed unjustifiably dismissed and unjustifiably disadvantaged by respondent's actions. Applicant previously issued with written warning. Applicant took camera to work as wanted to take photo of bus. Applicant allowed children on bus to take photos. Parents complained to respondent about applicant taking photos. Applicant not given details of parents' complaints. Applicant suspended. Respondent sent applicant letter that applicant not to have contact with children but respondent did not arrange for applicant to return to work. Parties disputed when applicant returned to work. Applicant returned to work but only allowed to drive particular route. School principal (X") requested that applicant supervised when driving bus or applicant no longer drove school route. No contact between parties after X's request until applicant called respondent director ("H") month later. Applicant claimed abused by H. Respondent claimed did not need investigation as matter clear. Applicant dismissed. Applicant sought arrears of wages and holiday pay. Parties disputed applicant's weekly hours.;AUTHORITY FOUND -;UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL: Respondent did not carry out investigation and applicant not given opportunity to comment. Applicant's actions foolish but had innocent explanation why took camera on to bus. Applicant aware of respondent policy drivers should not interact with children. No contractual entitlement for respondent to suspend applicant without pay. Applicant unjustifiably disadvantaged by suspension. Dismissal unjustified. REMEDIES: 15 per cent contributory conduct. $309 reimbursement of lost wages for unjustified disadvantage. $2,618 reimbursement of lost wages for unjustified dismissal. $8,500 compensation appropriate for unjustified disadvantage and dismissal.;ARREARS OF WAGES AND HOLIDAY PAY: Authority unable to calculate arrears of wages as unable to conclude on evidence that applicant worked hours claimed. Respondent to pay applicant $2,650 arrears of holiday pay." |
| Result | Applications granted (unjustified dismissal, unjustified disadvantage and arrears of holiday pay); Contributory conduct (15%) ; Reimbursement of lost wages ($309.40)(unjustified disadvantage) ; Reimbursement of lost wages ($2,618)(unjustified dismissal) ; Compensation for humiliation etc ($8,500)(unjustified disadvantage and dismissal) ; Arrears of holiday pay ($2,650.24) ; Application dismissed (arrears of wages) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s65;ERA s66;ERA s124;Holidays Act 2003 s16;Holidays Act 2003 s28(4);Holidays Act 2003 s28(1)(a);Holidays Act 2003 s28(1) |
| Number of Pages | 8 |
| PDF File Link: | 2012_NZERA_Christchurch_98.pdf [pdf 30 KB] |