| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2014] NZERA Wellington 134 |
| Hearing date | 7 Oct 2014 |
| Determination date | 23 December 2014 |
| Member | M Ryan |
| Representation | G Bailey (in person) ; R Walker |
| Location | Palmerston North |
| Parties | Bailey v PTS Logistics Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant claimed unjustifiably dismissed by respondent - Incident involving police - Out of work conduct - Allegation applicant's behaviour aggressive and police officer fearful" - Truck driver" |
| Abstract | AUTHORITY FOUND -UNJUSTIFIED DISMISSAL: Not all information relating to police officer's version of events provided to applicant. Information about alleged behaviour not provided until halfway through meeting. Given importance of information it should have been provided to applicant at earlier date. Accepted applicant felt ambushed and did not have time to form response. Defect not minor. Dismissal procedurally unfair. Dismissal unjustified. REMEDIES: No evidence applicant mitigated loss. No reimbursement of lost wages. 80 per cent contributory conduct. $1,000 compensation appropriate. |
| Result | Application granted; Contributory conduct (80%); Compensation for humiliation etc ($1,000); Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A(2);ERA s103A(3);ERA s103A(5);ERA s124;ERA s128(2);ERA s174;EAR r13(2) |
| Cases Cited | Allen v Transpacific Industries Group Ltd (t/a “Medismart Ltd”) (2009) 6 NZELR 530;Gwilt v Briggs & Stratton New Zealand Ltd [2011] NZEmpC 140;Hallwright v Forsyth Barr Ltd [2013] ERNZ 553;NZ (with exceptions) Food Processing etc IUOW v Unilever NZ Ltd [1990] 1 NZILR 35; ERNZ Sel Cas 582;Radius Residential Care Ltd v McLeay [2010] NZEmpC 149 |
| Number of Pages | 15 |
| PDF File Link: | 2014_NZERA_Wellington_134.pdf [pdf 273 KB] |