| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2013] NZERA Wellington 38 |
| Hearing date | 5 Mar 2013 |
| Determination date | 26 March 2013 |
| Member | G J Wood |
| Representation | C Rieger ; R Parmenter |
| Location | Wellington |
| Parties | Jonas v Menefy Trucking Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Serious Misconduct – Whether applicant unjustifiably disadvantaged by suspension – Applicant claimed unjustifiably dismissed by respondent – Whether applicant suspended – Written warning – Negligent driving – Damage to truck tyres – Applicant drove truck over customer’s gate and gate-post – Whether applicant failed to return to tell customer about damage to gate – Applicant told respondent did not want applicant driving trucks while matter sorted out – Whether dismissal predetermined – Applicant told could sweep yard – ARREARS OF WAGES – Applicant sought arrears of wages – Whether respondent entitled to make deduction from applicant’s wages for misuse of truck, damage to customer’s gate and new keys – Whether applicant entitled to be paid while on ferry – Truck driver |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL: Applicant suspended when respondent made clear did not want applicant back during investigation. Suspension without consultation or pay without contractual sanction not justified. Applicant unjustifiably disadvantaged by suspension. Comments potentially showing dismissal predetermined made during without prejudice discussions. Open to respondent to reject applicant’s explanation about accident and to conclude no longer had trust and confidence in applicant to do job properly. Sufficient investigation of allegations. No predetermination and any defects in process minor and did not result in applicant being treated unfairly. Dismissal justified. REMEDIES: No contributory conduct. Respondent to pay applicant $704 reimbursement of lost wages. $1,000 compensation appropriate.;ARREARS OF WAGES: Applicant not entitled to be paid while on ferry. Applicant did not agree to deduction from wages for misuse of truck. Applicant returned keys and respondent not entitled to make deduction for cost of new keys. Respondent entitled to make deduction from applicant’s wages for cost of repairing damage to customer’s gate. Respondent to pay applicant $875 arrears of wages. |
| Result | Applications granted (unjustified disadvantage)(arrears of wages) ; Reimbursement of lost wages ($704) ; Compensation for humiliation etc ($1,000) ; Arrears of wages ($875.95) ; Application dismissed (unjustified dismissal) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s122;Holidays Act 2003 |
| Number of Pages | 10 |
| PDF File Link: | 2013_NZERA_Wellington_38.pdf [pdf 201 KB] |