| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2014] NZERA Wellington 64 |
| Hearing date | 13 Mar 2014 |
| Determination date | 13 June 2014 |
| Member | T MacKinnon |
| Representation | J McDowell ; B Calver |
| Location | Napier |
| Parties | Robinson v Emmerson Transport Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious Misconduct - Applicant claimed unjustifiably dismissed by respondent - Whether applicant deliberately falsified time and transport records - Discrepancies between log book and GPS recordings - Whether dispatcher agreed to applicant having cup of coffee at home after commencing run - Truck driver |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Applicant's acknowledgement that required to record start time from when walked in gate inconsistent with applicant's practice. Applicant recorded incorrect information in log books with regard to starting time, some rest breaks and a finishing time. Inaccuracies deliberate and constituted falsification. Applicant fully appraised of respondent's concerns over log book. Applicant experienced driver well aware of significance of accurate recording. No requirement to receive monetary payment due to falsification under terms of employment agreement (EA"). Applicant aware dispatcher disagreed with applicant's view allowed to commence run when applicant wished. Appropriate to disregard additional reason for dismissal that applicant disobeyed instruction given reason not raised until statement in reply. Respondent's investigation followed fair procedure. Even if falsification of time records not regarded as serious misconduct in EA, such falsification serious breach of trust and confidence. Dismissal justified." |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA;ERA s103A;Land Transport Act 1998 |
| Number of Pages | 10 |
| PDF File Link: | 2014_NZERA_Wellington_64.pdf [pdf 118 KB] |