| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 471 |
| Hearing date | 13 Nov 2014 |
| Determination date | 19 November 2014 |
| Member | R Larmer |
| Representation | W Newson ; S Fraser |
| Location | Auckland |
| Parties | Tuhimata v New Zealand Post Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Whether applicant participated in or condoned after-hours access to workplace for non-work related purposes, bringing alcohol onto respondent’s premises and consumption of alcohol on dry site – Whether applicant misrepresented and / or concealed facts from management – Postie |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Respondent failed to provide applicant with information regarding discussion with various witnesses. Respondent failed to provide applicant with information relevant to continuation of applicant’s employment. Respondent made assumptions from information gathered from witnesses. Allegation that applicant breached respondent’s drug and alcohol policy not put to applicant. Respondent breached duty of good faith. Respondent failed to record what witnesses actually said and failed to obtain applicant’s response to what was actually said. Unfair for decision maker to conduct own inquiries without keeping accurate notes of persons spoken to or responses received. Respondent did not take full or accurate notes of interviews. Basic inquiries not made by respondent. Respondent’s investigation fundamentally deficient. Fair and reasonable employer could not conclude applicant condoned access to workplace after hours for non-work related purposes and bringing alcohol onto premises. Fair and reasonable employer could not conclude applicant misrepresented and / or concealed facts from management. Respondent predetermined outcome of disciplinary process. Dismissal unjustified. REMEDIES: No contributory conduct. Reinstatement ordered. Respondent to pay applicant $5,557 reimbursement of lost wages. $2,000 compensation appropriate. |
| Result | Application granted ; Reinstatement ordered ; Reimbursement of lost wages ($5,557.25) ; Compensation for humiliation etc ($2,000) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A);ERA s103A;ERA s103A(2);ERA s103A(3);ERA s103A(3)(a);ERA s103A(3)(b);ERA s103A(3)(c);ERA s103A(3)(d);ERA s103A(4);ERA s103A(5);ERA s124;ERA s128(2) |
| Number of Pages | 19 |
| PDF File Link: | 2014_NZERA_Auckland_471.pdf [pdf 279 KB] |