| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2016] NZERA Wellington 39 |
| Hearing date | 3-Feb-16 |
| Determination date | 31 March 2016 |
| Member | Michele Ryan |
| Representation | T Allen ; G May |
| Location | Napier |
| Parties | Ngerengere v Pukeko Freight Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Destruction of company property – Truck driver |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Applicant occasionally left work early without permission. Applicant transferred respondent’s information from work phone without permission and excluded respondent’s access to information. Respondent failed to give applicant prior warning about possibility of dismissal and did not allow applicant opportunity to comment. Dismissal unjustified. REMEDIES: 50 per cent contributory conduct. $500 compensation appropriate. |
| Result | Application granted ; Contributory conduct (50%) ; Compensation for humiliation etc ($500) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A)(c);ERA s103A;ERA s103A(3);ERA s124 |
| Number of Pages | 7 |
| PDF File Link: | 2016_NZERA_Wellington_39.pdf [pdf 176 KB] |