| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2013] NZERA Wellington 48 |
| Hearing date | 7 Mar 2013 |
| Determination date | 03 May 2013 |
| Member | P R Stapp |
| Representation | M Faulkner (in person) ; R Parmenter |
| Location | Palmerston North |
| Parties | Faulkner v Menefy Trucking Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Applicant parked truck at private residence rather than assigned depot - Applicant allowed another person to drive truck and removed fuel from truck - ARREARS OF WAGES – Applicant sought arrears of wages – Applicant claimed entitlement to “living away allowance” – Whether allowance arrangement varied - Truck driver |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Allegations not clearly put to applicant at first instance. Applicant given opportunity to respond to allegations at meeting. Respondent fair and reasonable to reject applicant’s explanations. Respondent entitled to expect applicant would not allow another person to drive truck. No pre-determination. Dismissal justified.;ARREARS OF WAGES: Likely “living away allowance” oral agreement and not intended to be permanent. No entitlement to arrears of “living away allowance”. Applicant entitled to minimum pay for final week. Respondent to pay applicant $172 arrears of wages. |
| Result | Applications partially granted; Arrears of wages ($172.50); Costs to lie where they fall |
| Main Category | Personal Grievance |
| Statutes | ERA s103A(2) – ERA s103A(3) |
| Number of Pages | 7 |
| PDF File Link: | 2013_NZERA_Wellington_48.pdf [pdf 106 KB] |