| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 122/04 |
| Hearing date | 20 Jul 2004 |
| Determination date | 13 September 2004 |
| Member | P R Stapp |
| Representation | K Gill ; R Arthur |
| Location | Wellington |
| Parties | Gurney v ORIX New Zealand Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Failure to disclose previous employer on curriculum vitae - Alleged deliberate misrepresentation - Failure to follow company procedure when completing customer documentation for equipment hire uncovered during routine audit - Summarily dismissed - Conclusion that faulty curriculum vitae was deliberate or wilful misrepresentation of previous employment not warranted - No reason to disbelieve respondent's explanation of genuine mistake - Failure to follow correct equipment hire procedure was performance issue warranting warning and further training - Audit procedures designed to uncover mistakes not address culpability - Disciplinary action inappropriate given lack of evidence of deliberate or wilful misconduct - Dismissal unjustified - REMEDIES - Reimbursement of lost wages and compensation for humiliation awarded - Compensation for loss of career inappropriate given applicant's varied employment history and short period of employment with respondent - Equipment hire manager |
| Result | Application granted ; Reimbursement of lost wages ($24,853.50)(3.5 months) ; Compensation for humiliation etc ($8,000) ; Costs reserved |
| Statutes | ERA s123(b);ERA s123(c)(i);ERA s124;ERA s128 |
| Number of Pages | 10 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |