| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 216 |
| Hearing date | 27-28 Feb 2014 |
| Determination date | 05 June 2014 |
| Member | R Arthur |
| Representation | H White ; D Erickson |
| Parties | Todd v VIP Steel Packaging (NZ) Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious Misconduct - Applicant claimed unjustifiably dismissed by respondent - Alleged failures in operating forklift - Health and safety - Failure to report incident - Whether manager (P") as witness and fact-finder tainted process and conclusions - Whether P drew unfair inferences from demonstration of events and whether established demonstration sufficiently similar to actual events - Whether points clearly put to or accepted by applicant - Whether pre-conceived notion of dismissal outcome - Stores coordinator" |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: P's impression of events different from applicant. Respondent had resources to have different manager conduct investigation. Requirement for P to file incident report but did not until six days after applicant's dismissal. P found applicant's failure to file report amounted to serious misconduct but P also failed to file report. Demonstration different from actual events. Applicant's responses during investigation not confirmed by respondent resulting in confusion and contention. P previously made it clear all health and safety breaches would result in dismissal. P unfairly focused on dismissal as outcome. P's conclusions at odds with information available. Disparity in treatment between applicant and co-worker and applicant and P. Established failures not serious misconduct. Defects in process not minor. Dismissal unjustified. REMEDIES: 20 per cent contributory conduct. Reimbursement of lost wages, quantum to be determined. $5,600 compensation appropriate. Compensation appropriate for loss of health insurance benefit, quantum to be determined. |
| Result | Application granted; Contributory conduct (20%); Reimbursement of lost wages (quantum to be determined); Compensation for humiliation etc ($5,600); Compensation for loss of benefit (quantum to be determined)(health insurance); Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s124;ERA s128(3);ERA s174 |
| Cases Cited | Allen v C3 Ltd [2012] NZEmpC 124;Chief Executive of the Department of Inland Revenue v Buchanan [2005] ERNZ 767;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808;Walker v Firth Industries, a division of Fletcher Concrete & Infrastructure Ltd [2014] NZEmpC 60;W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448 ; [2001] 3 NZLR 29 |
| Number of Pages | 17 |
| PDF File Link: | 2014_NZERA_Auckland_216.pdf [pdf 279 KB] |