| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2015] NZERA Christchurch 18 |
| Hearing date | 30 Sep 2014 |
| Determination date | 12 February 2015 |
| Member | M B Loftus |
| Representation | R Boulton ; C McDowall |
| Location | Christchurch |
| Parties | Marriott v Allied Security Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious Misconduct - Applicant claimed unjustifiably dismissed by respondent - Triangular employment relationship - Whether applicant allowed former employee onto client's site against standard operating procedures - Whether applicant allowed former employee onto client's site without wearing required protective equipment - Whether applicant allowed former employee access to client's IT systems - PENALTY - GOOD FAITH - Applicant sought penalty for respondent's breach of good faith - Security guard |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Applicant's conduct in allowing former employee onto client's site without protective equipment conformed with normal practice and condoned by supervisor, notwithstanding content of written documentation. Respondent gave little weight to mitigating factors regarding former employee's access to computer system. Respondent decided to comply with client's demand that applicant be removed from site. Applicant's responses not considered with open mind. Difficult to see how respondent could have concluded applicant's breaches misconduct. Applicant not able to address all decision makers. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $3,434 reimbursement of lost wages. $10,000 compensation appropriate.;PENALTY - GOOD FAITH: Applicant could have challenged notice of disciplinary meeting if applicant considered notice insufficient. Alleged breach relating to suspension one off and no evidence employment relationship seriously undermined. No penalty. |
| Result | Application granted (unjustified dismissal) ; Reimbursement of lost wages ($3,434.86) ; Compensation for humiliation etc ($10,000) ; Application dismissed (penalty) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA;ERA s4A;ERA s103A;ERA s103A(3)(d);ERA s124;ERA s128(2) |
| Number of Pages | 10 |
| PDF File Link: | 2015_NZERA_Christchurch_18.pdf [pdf 171 KB] |