| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 385 |
| Hearing date | 15 - 16 May 2014 |
| Determination date | 17 September 2014 |
| Member | R Arthur |
| Representation | A Singh ; B Parshotam |
| Parties | Kaur v Petrochem Group Partnership t/a Caltex Albany |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant claimed unjustifiably dismissed by respondent - Respondent believed applicant lied about reasons for leaving work early - Credibility - Multiple reasons provided for leaving work including meeting at head office, meeting daughter of customer who had complained about applicant, and feeling unwell - Applicant suspended |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Respondent accepted defects in investigation and decision to dismiss applicant. Applicant not advised of prospect of dismissal. In absence of opportunity to properly prepare and respond, respondent not fair or reasonable. Applicant's actions caused respondent to lose trust and confidence but concerns not fairly investigated. Dismissal unjustified. REMEDIES: 50 per cent contributory conduct. Respondent to pay applicant $4,070 reimbursement of lost wages. $2,000 compensation appropriate. |
| Result | Application granted; Contributory conduct ($50%); Reimbursement for lost wages ($4,070); Compensation for humiliation etc ($2,000); Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s103A(3)(c);ERA s124;ERA s174 |
| Cases Cited | Airline Stewards and Hostesses of New Zealand IUOW v Air New Zealand Ltd (1990) ERNZ Sel Cas 985 ; [1990] 3 NZLR 549;Allen v C3 Ltd [2012] NZEmpC 124;Honda New Zealand Ltd v New Zealand Boilermakers Union [1991] 1 NZLR 392; (1990) ERNZ Sel Cas 855; (1990) 3 NZELC 98,130;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808;The Salad Bowl Ltd v Howe-Thornley [2013] NZEmpC 152;Waitakere City Council v Ioane [2005] ERNZ 1043; [2006] 2 NZLR 310;Walker v Firth Industries, a division of Fletcher Concrete & Infrastructure Ltd [2014] NZEmpC 60 |
| Number of Pages | 15 |
| PDF File Link: | 2014_NZERA_Auckland_385.pdf [pdf 276 KB] |