| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 41 |
| Hearing date | 11 Dec 2013 |
| Determination date | 05 February 2014 |
| Member | J Crichton |
| Representation | R Rolston ; B Hayward |
| Location | Auckland |
| Parties | Heaslip v Hayward Coachlines Ltd |
| Summary | RAISING PERSONAL GRIEVANCE - Whether grievance raised within 90 days -UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant claimed unjustifiably dismissed by respondent - Multiple complaints received about applicant - Dangerous and reckless driving - Whether applicant admitted wrong doing and accepted dismissal as appropriate response - Respondent provided further work to applicant following dismissal - Whether dismissal predetermined - Coach driver |
| Abstract | AUTHORITY FOUND -;RAISING PERSONAL GRIEVANCE: Evidence showed respondent confused about what problem was. Appropriate to determine totality of evidence and claims. Issue not specifically addressed by parties but apparent during investigation, grievance never properly raised. Grievance not raised within 90 days.;UNJUSTIFIED DISMISSAL: Constructive dismissal not sustainable as applicant dismissed for wrongdoing. Respondent's evidence preferred. Applicant's signature on form identifying wrongdoing. Complaints include allegations of reasonable seriousness and taken together appropriate to conclude dismissal only viable outcome. Somewhat extraordinary that respondent offered applicant further work given the applicants performance led to summary dismissal however Authority did not take matter further. Little weight given to emails from third party in determining whether pre-determination occurred. Faced with admissions of wrongdoing in relation to complaints, respondent fair and reasonable to dismiss applicant. Dismissal justified. |
| Result | Applications dismissed; Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | Creedy v Commissioner of Police [2006] ERNZ 517 |
| Number of Pages | 11 |
| PDF File Link: | 2014_NZERA_Auckland_41.pdf [pdf 172 KB] |