| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 19 |
| Hearing date | 4 Dec 2013 |
| Determination date | 21 January 2014 |
| Member | R Larmer |
| Representation | L Herzog ; S Langton, A Evans |
| Location | Auckland |
| Parties | Patel v OCS Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious Misconduct - Applicant claimed unjustifiably dismissed by respondent - Respondent claimed applicant failed to report workplace accident and failed to check operating theatre clean before signing off shift - Respondent claimed applicant instructed staff member to clean non-critical area when critical area required cleaning - Respondent failed quality audit as result - ARREARS OF WAGES - Applicant claimed arrears of wages - Applicant sought payment for additional half hour for every day applicant worked - Respondent claimed applicant not required to start early - RECOVERY OF MONIES - Applicant sought recovery of monies use of private vehicle for work purposes - Applicant used vehicle to drive short distance between work buildings - Applicant worked night shifts and concerned for safety - Cleaning contract supervisor |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Requirement to report accidents involving other employees not clearly explained to applicant. Applicant's failure to file accident report not serious misconduct in circumstances. Made clear to applicant critical areas to be cleaned before non-critical areas. Applicant breached instruction by instructing staff member to clean non-critical area first. Applicants actions and failure to check operating theatre amounted to serious misconduct. Applicant sufficiently investigated concerns before taking action and gave applicant opportunity to respond before applicant dismissed. Dismissal justified.;ARREARS OF WAGES: No agreement between parties applicant would start work early each day. Overtime had not been authorised by respondent. No arrears of wages.;RECOVERY OF MONIES: Vehicle allowance not term of employment agreement. Not open to applicant to unilaterally incur additional cost at expense of respondent without prior approval. Safety concerns matter for applicant to raise with union. No recovery of monies. |
| Result | Applications dismissed; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A(2) - ERA s103A(3) |
| Number of Pages | 12 |
| PDF File Link: | 2014_NZERA_Auckland_19.pdf [pdf 238 KB] |