| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 36/04 |
| Hearing date | 8 Mar 2004 - 18 Mar 2004 (2 days) |
| Determination date | 26 March 2004 |
| Member | D Asher |
| Representation | P Cranney ; P May |
| Location | Wellington |
| Parties | Nahle v Recon Security Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant suffered from migraines - Suffered attack when driving on duty - Pulled over for a rest - Turned off or down equipment due to noise being painful but advised communication site of this - When resumed duties did not use wand because beeping noise caused bad headache - Dismissed at subsequent meeting on two grounds of serious misconduct being falsifying time sheet claiming conducted patrol when actually asleep and sleeping while on duty - Applicant denied sleeping during rest period - Applicant's evidence preferred - Procedurally unfair - Defective investigation - Respondent not in position to fairly and reasonably conclude serious misconduct justifying dismissal - Remedies - Contributory conduct 10 percent - Using wand legitimate requirement of job - If applicant unable to use wand not fit to undertake normal duties and had responsibility to excuse himself from duty or advise of intention not to use - Applicant's actions not responsible for seriously deficient process - Two days wages owing - Security guard |
| Result | Application granted ; Arrears of wages (2 days)(Quantum to be determined by parties) ; Compensation for humiliation etc ($15,000 reduced to $13,500) ; Costs reserved |
| Statutes | ERA s124;ERA s160(3) |
| Cases Cited | Panama v London Borough of Hackney [2003] IRLR 278;Smith v McCulloch and Partners [2003] 1 ERNZ 346;W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448 |
| Number of Pages | 11 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |