| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 223 |
| Hearing date | 27 Jul 2015 |
| Determination date | 29 July 2015 |
| Member | R Arthur |
| Representation | G Bennett ; D Organ |
| Location | Auckland |
| Parties | McCormick v Compass Communications Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Health and safety - Installation Technician |
| Abstract | AUTHORITY FOUND –UNJUSTIFIED DISMISSAL: Fair and reasonable employer could have considered that applicant’s actions in using ladder inappropriately, leaving tools unsecured and failing to report incident immediately serious misconduct. Respondent’s decision appeared to be pre-determined, applicant not given adequate opportunity to prepare for meeting or all relevant information, applicant not given proper opportunity to comment and applicant not given opportunity to speak directly to decision-maker. REMEDIES: 33 per cent contributory conduct. $8,000 compensation appropriate. |
| Result | Application granted ; Contributory conduct (33%) ; Compensation for humiliation etc ($8,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A);ERA s103A;ERA s103A3(c);ERA s103A3(d);ERA s124;ERA s128;ERA s174B |
| Cases Cited | Allen v TransPacific Industries Group Ltd (t/a Media Smart Ltd) (2009) 6 NZELR 530 (EmpC);Angel v Fonterra Co-operative Group Ltd [2006] ERNZ 1080 (EmpC);Click Clack International Ltd v James [1994] 1 ERNZ 15 (EmpC);Hall v Dionex Pty Ltd [2015] NZEmpC 29;Irvine Freightlines Ltd v Cross [1993] 1 ERNZ 424 (EmpC);Maharaj v Recon Professional Services Ltd [2015] NZEmpC 61;Makatoa v Restaurant Brands (New Zealand) Ltd [1999] 2 ERNZ 311 (EmpC);Northern Distribution Union v BP Oil New Zealand Ltd [1992] 3 ERNZ 483 (CA) ;;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 (EmpC);Quinn v Bank of New Zealand [1991] 1 ERNZ 1060 (LC) |
| Number of Pages | 14 |
| PDF File Link: | 2015_NZERA_Auckland_223.pdf [pdf 333 KB] |