| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 66/03 |
| Hearing date | 15 Apr 2003 - 16 Apr 2003 (2 days) |
| Determination date | 07 May 2003 |
| Member | G J Wood |
| Representation | A Lombard ; S Heywood |
| Location | Wellington |
| Parties | Rossiter v Spotless Services (NZ) Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Aggressive and intimidating behaviour towards customers and supervisor - Alleged phoned customer and intimidated him - Inadequate time-keeping - Alleged falsified timesheets - Admission by applicant - Dismissal open to fair and reasonable employer in circumstances - ARREARS OF WAGES - Alleged non-payment of travel allowance - Whether agreement to offset against other monies owed - Alleged individual agreement not to use car for work - Individual agreement superseded by collective agreement - Collective agreement allowed for use of car and travel allowance - No agreement firmly concluded by parties - Arrears claim established - Cleaner |
| Result | Application dismissed (Unjustified dismissal) ; Application granted (Arrears of wages) ; Arrears of wages ($666.61) ; Costs reserved |
| Statutes | Wages Protection Act 1983 s4 |
| Cases Cited | Airline Stewards and Hostesses of NZ IUOW v Air NZ Ltd [1990] 3 NZILR 584 ; [1990] 3 NZLR 549;Murphy and Routhan t/a Enzo's Pizza v van Beek [1998] 2 ERNZ 607;Northern Distribution Union v BP Oil NZ Ltd [1992] 3 ERNZ 483;W&H Newspapers Ltd v Oram [2000] 2 ERNZ 448; [2001] 3 NZLR 29 |
| Number of Pages | 12 |
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