| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 351 |
| Hearing date | 26 Aug 2014 |
| Determination date | 28 August 2014 |
| Member | J Crichton |
| Representation | P Comins ; M Beech, J Sparrow |
| Location | Tauranga |
| Parties | Comins v BR & SL Porter Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious Misconduct - Applicant claimed unjustifiably dismissed by respondent - Whether applicant falsified logbook - Driver |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Difficult to see how respondent could not have lost significant trust and confidence in applicant given admission applicant falsified logbook. Applicant knew or ought to have known of obligations in respect of maintenance of accurate logbook. Falsification of logbook constituted breach of applicant's obligations under Land Transport Act 1998 and potential fraudulent misrepresentation of applicant's entitlement to payment for hours allegedly worked. Absence of support person during disciplinary meeting would not have had any effect on outcome. No power imbalance between parties. Respondent did not close mind to issue or predetermine decision to dismiss. Outcome of process would have been same even if applicant had opportunity to comment on penalty. Procedure adopted by respondent far from perfect but defects minor and did not result in unfairness to applicant as applicant made admission that effectively closed down respondent's need to make further inquiries. Process sufficient given respondent's resources as small to medium sized employer. Dismissal letter could have been phrased better but clear enough as to reasons for dismissal. Dismissal justified. Parties directed to attempt to reach agreement regarding respondent's claim applicant overpaid. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A(5);Land Transport Act 1998 |
| Cases Cited | Mitchell v Quality Bakers South (a division of Goodman Fielder Ltd) unreported, H Doyle, 16 December 2003, CA135/03 |
| Number of Pages | 11 |
| PDF File Link: | 2014_NZERA_Auckland_351.pdf [pdf 173 KB] |