| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 205 |
| Hearing date | 13 Mar 2013 |
| Determination date | 21 May 2013 |
| Member | J Crichton |
| Representation | M Hassan (in person) ; G Steele |
| Location | Hamilton |
| Parties | Hassan v Hamilton Taxi Society Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Applicant warned for dealing with information relating to respondent’s director inappropriately – Second warning for opening respondent’s Chair’s correspondence – Warnings withdrawn – Applicant allowed unauthorised vehicle to operate as taxi – Whether applicant breached respondent’s rules – Whether applicant should have referred van request to competitor – COUNTERCLAIM – PENALTY – Respondent sought penalty for applicant’s breach of settlement agreement – Whether referring to settlement in claim breach of confidentiality – Chief Executive Officer |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Applicant worked in challenging environment. Applicant believed obliged to provide van service notwithstanding no van available. Van left by owner on understanding would be made ready for taxi use. Van complied with regulations, rules and law. Applicant provided service in innovative way without fundamentally breaching law or rules. Applicant had implied authority to vary arrangements in exceptional circumstances. Applicant ensured respondent able to fulfil legal obligation to provide 24 hour, 7 day a week service. Even if breaches of rules, fair and reasonable employer could not dismiss. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $11,245 reimbursement of lost wages. $5,000 compensation appropriate.;COUNTERCLAIM – PENALTY: Reference to settlement inadvertent and fleeting. No penalty. |
| Result | Application granted (unjustified dismissal) ; Reimbursement of lost wages ($11,245) ; Compensation for humiliation etc ($5,000) ; Application dismissed (counterclaim – penalty) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | Land Transport Act 1988;Land Transport Rule: Operator Licensing 2007 |
| Number of Pages | 12 |
| PDF File Link: | 2013_NZERA_Auckland_205.pdf [pdf 175 KB] |