| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 21 |
| Hearing date | 18-Nov-16 |
| Determination date | 23 January 2017 |
| Member | V Campbell |
| Representation | S Scott ; D Jaques |
| Location | Auckland |
| Parties | Miller v The Free Range Egg & Poultry Co. Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Misconduct - Applicant claimed unjustifiably dismissed by respondent - COUNTERCLAIM - RECOVERY OF MONIES - Respondent sought recovery of costs of applicant’s personal vehicle servicing and unauthorised use of company fuel card - COUNTERCLAIM - BREACH OF CONTRACT - Respondent claimed applicant breached fiduciary duty and confidentiality obligations - Sales and Marketing Manager |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Respondent knew applicant not well enough to attend disciplinary meeting. Applicant not given opportunity to respond to allegations. Some allegations not put to applicant. Dismissal unjustified. REMEDIES: 25 per cent contributory conduct. Respondent to pay applicant $19,687 reimbursement of lost wages. Interest payable. $5,625 compensation appropriate.;COUNTERCLAIM - RECOVERY OF MONIES: Applicant not entitled or authorised to claim costs associated with vehicle servicing. Applicant not entitled or authorised to use company fuel car for personal use when on leave. Applicant to pay respondent $2,832 recovery of monies.;COUNTERCLAIM - BREACH OF CONTRACT: Applicant’s role and responsibilities, although senior, did not indicate a fiduciary relationship. Applicant’s email simply advised recipients of change in applicant’s contact information. Information about restructuring not confidential. No breach of confidentiality. No breach of contract. |
| Result | Applications granted (unjustified dismissal) (counterclaim - recovery of monies) ; Contributory conduct (25%) ; Reimbursement of lost wages ($19,687.50) ; Interest payable (5%) ; Compensation for humiliation etc ($5,625) ; Recovery of monies ($2,832.26) ; Application dismissed (counterclaim - breach of contract) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A - ERA s103A(3) - ERA s103A(5) - ERA s124 - ERA s128 - ERA s128(2) - ERA s174E |
| Cases Cited | Angus v Ports of Auckland [2011] NZEmpC 160, [2011] ERNZ 466;Arklow Investments Ltd v Maclean [2000] 2 NZLR 1 (PC);Big Save Furniture Ltd v Bridge [1994] 2 ERNZ 507 (CA) |
| Number of Pages | 20 |
| PDF File Link: | 2017_NZERA_Auckland_21.pdf [pdf 197 KB] |