| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 417 |
| Hearing date | 15-Dec-16 |
| Determination date | 21 December 2016 |
| Member | T Tetitaha |
| Representation | M Moncur ; F Cebalo |
| Location | Auckland |
| Parties | Muaulama v United Civil Construction Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Health and safety - COSTS – Applicant sought contribution to costs – Construction worker |
| Abstract | AUTHORITY FOUND –UNJUSTIFIED DISMISSAL: Applicant failed to make himself aware of potential hazards of worksite and take reasonable steps to stop cutting of service duct. Reasonable to find serious misconduct occurred. Respondent failed to provide relevant information and did not give applicant proper opportunity to respond. Other employee in incident only given written warning. Disparity of treatment. Dismissal unjustified. REMEDIES: 50 per cent contributory conduct. $5,000 compensation appropriate.COSTS: Half day investigation meeting. Appropriate to apply notional daily tariff. Respondent to pay applicant $2,250 contribution to costs. |
| Result | Application granted ; Contributory conduct (50%) ; Compensation for humiliation etc ($5,000) ; Costs in favour of applicant ($2,250) |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A)(c) ; ERA s103A ; ERA s103A(3) ; ERA s103A(5) ; ERA s124 ; Health and Safety in Employment Act 1992 s19 ; Health and Safety at Work Act 2015 s45 |
| Cases Cited | Angus v Ports of Auckland Ltd [2011] NZEmpC 160, [2011] ERNZ 466 ; Goodfellow v Building Connexion Ltd t/a ITM Building Centre [2010] NZEmpC 82 ; Northern Distribution Union v BP Oil New Zealand Ltd [1992] 3 ERNZ 483 (CA) ; Patel v OCS Ltd [2014] NZEmpC 49 |
| Number of Pages | 8 |
| PDF File Link: | 2016_NZERA_Auckland_417.pdf [pdf 176 KB] |