| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 518 |
| Hearing date | 7 Dec 2013, 23 Mar 2013 |
| Determination date | 14 November 2013 |
| Member | J Crichton |
| Representation | S Ramsay ; A Lubbe |
| Location | Auckland |
| Parties | Muru v Auckland Council |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct - Applicant claimed unjustifiably dismissed by respondent - Applicant instructed to clear material on airport grounds but failed to do so impeding aircraft - Applicant admitted had watched television for six hours while on shift on premises not served by respondent’s contract and had left radio telephone in truck - Applicant claimed battery in truck flat - Sweeper truck driver |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Telephone records provided no evidence applicant attempted to contact supervisor at time of incident. Applicant senior and experienced operator properly inducted into respondent’s service and aware of requirements of role but chose to ignore these at time of incident. Procedure adopted by respondent fair and reasonable. No evidence respondent failed to give proper consideration to explanations tendered by applicant. Open to fair and reasonable employer to conclude in circumstances applicant should be dismissed given finding of serious misconduct. Dismissal justified. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Number of Pages | 10 |
| PDF File Link: | 2013_NZERA_Auckland_518.pdf [pdf 119 KB] |