| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 219 |
| Hearing date | 1 May 2012 - 2 May 2012 (2 days) |
| Determination date | 28 June 2012 |
| Member | E Robinson |
| Representation | N Taituha ; M Broadbelt |
| Location | Paihia |
| Parties | Taituha v Te Tii Waitangi Investments Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious Misconduct - Applicant claimed unjustifiably dismissed by respondent - Authority found respondent's investigation insufficient - Found applicant's actions contributed to loss of respondent's trust and confidence in applicant - Found respondent had predetermined disciplinary meeting's outcome - Dismissal unjustified - REMEDIES - 60 per cent contributory conduct - Respondent to pay applicant $3,000 reimbursement of lost wages - $3,200 compensation appropriate - Park Manager |
| Abstract | Applicant employed by respondent as park manager. Applicant claimed unjustifiably dismissed. Applicant claimed had been on site carrying out painting duties. Respondent claimed unable to locate applicant that day. Applicant subsequently submitted timesheet indicating applicant was at work on day in question. Respondent requested applicant attend disciplinary meeting to discuss falsification of timesheet. Additional allegations included failure to use correct booking system and unexplained absences. Respondent dismissed applicant after concluding applicant had falsified timesheet and failed to provide reasonable explanation why applicant did not use booking system for invoicing. Applicant claimed dismissal predetermined.;AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Applicant unjustifiably dismissed. Fair and reasonable employer would have carried out further investigation regarding applicant's location on day in question. Applicant's failure to use correct booking system may have contributed to respondent's significant loss of trust and confidence in applicant. Respondent had formed preliminary view about applicant's dismissal. Dismissal unjustified. REMEDIES: 60 per cent contributory conduct. Respondent to pay applicant $3,000 reimbursement of lost wages. $3,200 compensation appropriate |
| Result | Application granted ; Contributory conduct (60%); Reimbursement of lost wages ($3,000); Compensation for humiliation etc ($3,200); Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103(A);ERA s103A(3)(a);ERA s124;ERA s128(2) |
| Number of Pages | 14 |
| PDF File Link: | 2012_NZERA_Auckland_219.pdf [pdf 217 KB] |