| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 579 |
| Hearing date | 25 Sep 2013 |
| Determination date | 18 December 2013 |
| Member | K J Anderson |
| Representation | E Foster ; A Lee |
| Location | Auckland |
| Parties | Hudson v Japanese Spares Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct - Applicant claimed unjustifiably dismissed by respondent – Respondent claimed applicant sleeping during working hours in space carved through ceiling of work premises - Other allegations included hiding in work building, driving forklift without licence and not following instructions from management - Delivery person/storeman |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Insufficient evidence applicant responsible for state of ceiling area. Applicant’s explanation for presence in ceiling of building not convincing. Applicant never properly informed of respondent’s concerns or given meaningful indication employment in jeopardy. Dismissal unjustified. REMEDIES: 50 per cent contributory conduct. Respondent to pay applicant $795 reimbursement of lost wages. $1,000 compensation appropriate. |
| Result | Application granted ; Contributory conduct (50%) ; Reimbursement of lost wages ($795.34) ; Compensation for humiliation etc ($1,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A(2);ERA s103A(3);ERA s124;ERA s128;ERA s128(2) |
| Number of Pages | 6 |
| PDF File Link: | 2013_NZERA_Auckland_579.pdf [pdf 152 KB] |