| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2014] NZERA Christchurch 142 |
| Hearing date | 20 Aug 2014 - 21 Aug 2014 (2 days) |
| Determination date | 10 September 2014 |
| Member | D Appleton |
| Representation | L Ryder, J Goldstein ; R Harrison |
| Location | Christchurch |
| Parties | Coulthard v Tony's Tyre Service Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious Misconduct - Applicant claimed unjustifiably dismissed by respondent - Applicant claimed asked to clean smoko room and removed fridge to empty water and leave to dry - Applicant's friend arrived at premises as support person for disciplinary meetings related to lateness and unauthorised absences - CCTV footage showed friend move fridge and later showed friend leaving premises with fridge in back seat - Whether applicant was asked to clean smoko-room - Whether applicant orchestrated removal of fridge - Service technician |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Likely applicant did take fridge outside as he was draining water from it. Not reasonable to ignore part of footage that supported applicant's assertion. Respondent failed to ask co-worker whether he asked applicant to clean smoko room which amounted to serious failure in investigating matter. Reasonable for respondent to conclude applicant aware fridge moved but respondent did not do enough considering respondent's conclusion that applicant implicated in theft of fridge. Reasonable for respondent to conclude friend took fridge but footage not showed to applicant. Respondent acted without conducting proper investigation and appears to have acted with closed mind. Dismissal unjustified. REMEDIES: Applicants failure to enquire with friend about missing fridge blameworthy. 25 per cent contributory conduct. Applicant entitled to holiday pay on award of lost wages. $8,292 reimbursement of lost wages. Interest payable. $5,250 compensation appropriate. |
| Result | Application granted; Contributory conduct (25%); Reimbursement of lost wages ($8,292.38); Interest (5%); Compensation for humiliation etc ($5,250); Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A);ERA s103A(2);ERA s103A(3);ERA s103A(4);ERA s103A(5);ERA s124;ERA s128;ERA s128(2);ERA s128(3);Holidays Act 2003 s25 |
| Cases Cited | Gunning v Bankrupt Vehicle Sales and Finance Ltd [2013] NZEmpC 212;Schueber v General Distributors Ltd unreported, A Dumbleton, 21 June 2006, AA209/06 |
| Number of Pages | 19 |
| PDF File Link: | 2014_NZERA_Christchurch_142.pdf [pdf 240 KB] |