| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 59/04 |
| Hearing date | 12 Nov 2003 - 14 Nov 2003 (2 days) |
| Determination date | 22 December 2003 |
| Member | K Raureti |
| Representation | A Schirnack, P Murray ; D France |
| Location | Auckland |
| Parties | Buisson v Bulletin Wireless Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Applicant resigned as managing director and became Chief Technical Officer - Arrested for assault though charges dismissed by Court - Company concerned with arrest and had concerns about inappropriate conduct at work drinks and Absenteeism - Investigation into alleged conduct - Concluded no longer had sufficient trust and confidence in applicant - Applicant removed from position but offered new role as research scientist - Respondent did not fully investigate matters - Dismissal unjustified - Alternative claim of constructive dismissal would have succeeded - ARREARS OF WAGES - Company experienced cash flow difficulties - Applicant agreed to 30 percent reduction in wages - Sought recovery of salary - Not agreed that respondent would reimburse for deferrals - New position as chief technical officer was new employment agreement - Dispute over salary amount agreed resolved in favour of respondent - OTHER MONIES - Sought recovery for reimbursement of expenses for laptop purchased - Respondent to reimburse $5,887 when applicant returned laptop - Parties to negotiate in good faith and attempt to resolve issue of alleged share/stock options owing to applicant - Leave granted to return to Authority if unable to resolve issue - UNJUSTIFIED DISADVANTAGE - Applicant told was preferred he stayed off work during investigation - Told he could explain reasons why he needed to be at work if necessary - No prior opportunity to comment - Suspension was unjustified disadvantage - Remedies - Contributory conduct 15 percent - PENALTY - Penalty inappropriate - Chief Executive Officer/Managing Director/Chief Technical Officer |
| Result | Application granted ; Reimbursement of lost wages ($35,000 reduced to $29,750)(3 months) ; Compensation for humiliation etc ($10,000 reduced to $8,500) ; Other monies ($5,886.62)(Laptop expenses)(On return of laptop to respondent) ;Costs reserved |
| Statutes | ERA s5;ERA s157(1);ERA s161;ERA s161(1) |
| Cases Cited | Airline Stewards and Hostesses of NZ IUOW v Air NZ Ltd [1990] 3 NZILR 584;Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW [1994] 1 ERNZ 168; [1994] 2 NZLR 415;Auckland Shop etc Employees etc IUOW v Woolworths (NZ) Ltd [1985] ACJ 963; [1985] 2 NZLR 372;Drummond v Coca Cola Bottlers NZ [1995] 2 ERNZ 229;Northern Distribution Union v BP Oil NZ Ltd [1992] 3 ERNZ 483;NZ (with exceptions) Food Processing etc IUOW v Unilever NZ Ltd [1990] 1 NZILR 35;Ramankutty v Vice-Chancellor of the University of Auckland unreported, Goddard CJ, 25 October 2001, AC 53B/01;Tawhiwhirangi v Attorney General in respect of Chief Executive Department of Justice [1993] 2 ERNZ 546;Trotter v Telecom Corp of NZ Ltd [1993] 2 ERNZ 659;W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448;Wellington Clerical Workers' IUOW v Barraud & Abraham Ltd [1970] 70 BA 347;Western Excavating (ECC) Ltd v Sharp [1978] 1 All ER 713 |
| Number of Pages | 14 |
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