| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 15 |
| Hearing date | 19-Jan-17 |
| Determination date | 19 January 2017 |
| Member | A Fitzgibbon |
| Representation | M Mancur ; P Gilling |
| Location | Auckland |
| Parties | Williams v Custom Motor Bodies (1998) Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Misconduct - Applicant claimed unjustifiably dismissed by respondent - Applicant alleged to be sleeping on job - Welder |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL - No formal warnings issued to applicant over timekeeping. Not clear from video footage that applicant asleep at work and matter not raised with applicant. Health and safety concerns not raised with applicant. No valid 90 day trial period as not in writing. Dismissal unjustified. REMEDIES: Respondent to pay applicant $6,160 reimbursement of lost wages. $5,000 compensation appropriate. |
| Result | Application granted ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s67A ; ERA s103A ; ERA s103A(1) ; ERA s103A(2) ; ERA s103A(3) ; s 103A(5) ; ERA s 174E |
| Cases Cited | Angus v Ports of Auckland Ltd [2011] NZEmpC 160, [2011] ERNZ 466 |
| Number of Pages | 8 |
| PDF File Link: | 2017_NZERA_Auckland_15.pdf [pdf 169 KB] |