| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2016] NZERA Christchurch 27 |
| Hearing date | 16-Feb-16 |
| Determination date | 10 March 2016 |
| Member | Christine Hickey |
| Representation | C Williams ; K Thompson, A McAllister |
| Location | Christchurch |
| Parties | Adams v AMC Contracting Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Theft – ARREARS OF HOLIDAY PAY – Applicant sought arrears of holiday pay – Unlawful deductions – COSTS – Applicant sought contribution towards costs - Truck driver |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Respondent failed to sufficiently investigate theft allegations and simply accepted client’s version of events. Respondent failed to adequately inform applicant of allegations or provide relevant information to give applicant reasonable opportunity to respond. Respondent’s director lied to applicant about CCTV footage, in breach of good faith. Respondent did not have sufficient information to reasonably conclude applicant stole. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $1,773 reimbursement of lost wages. $7,000 compensation appropriate.;ARREARS OF HOLIDAY PAY: Applicant returned equipment in question. Respondent did not have evidence of amount paid to client to cover product allegedly stolen. Respondent did not seek to reclaim money. Respondent to pay applicant $627 arrears of holiday pay.;COSTS: Half day investigation meeting. Appropriate to apply notional daily tariff. Respondent to pay applicant $1,750 contribution to costs. |
| Result | Applications granted ; Reimbursement of lost wages ($1,773.30) ; Compensation for humiliation etc ($7,000) ; Arrears of holiday pay ($627.86) ; Costs in favour of applicant ($1,750) ; Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s103A(3);ERA s103A(3);ERA s124 |
| Number of Pages | 13 |
| PDF File Link: | 2016_NZERA_Christchurch_27.pdf [pdf 265 KB] |