| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2015] NZERA Christchurch 125 |
| Hearing date | 5-Aug-15 |
| Determination date | 04 September 2015 |
| Member | Helen Doyle |
| Representation | K Hellyer (in person) ; G Bardsley |
| Location | Dunedin |
| Parties | Hellyer v Go Bus Transport Ltd |
| Summary | UNJUSTIFIED DISMISSAL – DISCRIMINATION - Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Applicant claimed discriminated against due to union involvement – RECOVERY OF MONIES – Applicant sought recovery of monies for cancelled airfares - Bus driver |
| Abstract | AUTHORITY FOUND –UNJUSTIFIED DISMISSAL: Failure to collect fare and take steps to set it right after capable of being conduct fundamentally impairing trust and confidence. Respondent followed fair process. Applicant held to higher standard of behaviour due to union involvement. Not satisfied applicant could still have been dismissed if not involved in union. Decision to dismiss discriminatory. Dismissal unjustified. REMEDIES: 40 per cent contributory conduct. Respondent to pay applicant $5,050 reimbursement of lost wages and holiday pay. $140 compensation for loss of KiwiSaver contributions appropriate. Interest payable. $4,800 compensation for humiliation appropriate.RECOVERY OF MONIES: No evidence to support claim. No recovery of monies. |
| Result | Applications granted (unjustified dismissal)(discrimination) ; Contributory conduct (40%) ; Reimbursement of lost wages ($5,050.55) ; Compensation for loss of benefit ($140.30) ; Interest (5%) ; Compensation for humiliation etc ($4,800) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A ; ERA s103A(4) ; ERA s103A(5) ; ERA s104 ; ERA s104(1)(b) ; ERA s107 ; ERA s119 ; ERA s124 ; ERA s128(2) ; ERA s128(3) ; ERA Second Schedule cl11 ; Judicature Act 1908 |
| Cases Cited | Jonas v Menefy Trucking [2013] NZEmpC 200 [2013] ERNZ 651 ; McAlister v Air New Zealand Ltd [2009] NZSC 78, [2010] 1 NZLR 153 ; Nathan v C3 Ltd [2015] NZCA 350, [2015] ERNZ 61 ; Northern Distribution Union v BP Oil New Zealand Ltd [1992] 3 ERNZ 483 (CA) |
| Number of Pages | 20 |
| PDF File Link: | 2015_NZERA_Christchurch_125.pdf [pdf 276 KB] |