| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 469 |
| Hearing date | 1 Oct 2014 - 3 Oct 2014 (3 days) |
| Determination date | 18 November 2014 |
| Member | E Robinson |
| Representation | L Campbell ; K Ashcroft |
| Location | Auckland |
| Parties | Sahim v Menzies Aviation (New Zealand) Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant claimed unjustifiably dismissed by respondent - Health and safety - Applicant drove golf cart from passenger side - Golf cart crashed into pallets - Whether applicant reckless - Disparity of treatment - Cargo duty manager |
| Abstract | AUTHORITY FOUND -UNJUSTIFIED DISMISSAL: Adequate explanation for disparity of treatment. Respondent carried out fair and reasonable investigation and disciplinary process. Applicant negligent but not reckless. Single incident of negligence. Driving from passenger side not deliberate action to obstruct or harm respondent's interests. Not fair and reasonable to dismiss applicant. Dismissal unjustified. REMEDIES: 90 per cent contributory conduct. $633 reimbursement of lost wages. $600 compensation appropriate. $18 compensation for loss of KiwiSaver benefit appropriate. |
| Result | Application granted; Contributory conduct (90%); Reimbursement of lost wages ($633.02); Compensation for humiliation etc ($600); Compensation for loss of benefit ($18.99)(KiwiSaver); Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s103A(3);ERA s124 |
| Cases Cited | Angus v Ports of Auckland Ltd (No 2) [2011] ERNZ 466;Chief Executive of the Department of Inland Revenue v Buchanan [2005] ERNZ 767;Chief Executive of the Ministry of Maori Development v Travers-Jones [2003] 1 ERNZ 174;Goodfellow v Building Connexion Ltd t/a ITM Building Centre [2010] NZEmpC 82;Makatoa v Restaurant Brands (NZ) Ltd [1999] 2 ERNZ 311;Samu v Air New Zealand Ltd [1995] 1 ERNZ 636 |
| Number of Pages | 23 |
| PDF File Link: | 2014_NZERA_Auckland_469.pdf [pdf 295 KB] |