| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 150/04 |
| Hearing date | 14 Sep 2004 |
| Determination date | 09 November 2004 |
| Member | P R Stapp |
| Representation | I Hard ; F Collins |
| Location | Wellington |
| Parties | Nathan v The Call Centre Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Co-workers made allegations about applicant's behaviour and actions while respondents away - Alleged applicant did not act appropriately in position as supervisor and manipulated timesheet and desk top records to claim time not worked - Applicant left work early allegedly due to family illness - Timesheet recorded her being at work for the day - Allegation about applicant leaving work to get food for union/staff meeting - Evidence/information available to reach conclusion that was misconduct resulting from applicant not completing documents correctly and not properly logging off computer - Relied on co-worker to conclude applicant deliberately set about to claim hours not worked - Not shown that could fairly prefer co-workers evidence over applicants - Co-worker changed evidence during investigation meeting - Flaw in that employer did not establish whether applicant genuinely had family emergency - Remedies - 2/3rds contributory conduct - COSTS - Costs in favour of applicant $1,500 plus filing fee - Call centre supervisor |
| Result | Application granted ; Reimbursement of lost wages ($8,320 reduced to $2,773.34)(13 weeks reduced to 4.3 weeks) ; Compensation for humiliation etc ($5,000 reduced to $1,666) ; Costs in favour of applicant ($1,500) ; Disbursements ($70)(Filing fee) |
| Cases Cited | Honda NZ Ltd v NZ (with exceptions) Shipwrights etc Union [1991] 1 NZLR 392;W&H Newspapers Ltd v Oram [2000] 2 ERNZ 448 |
| Number of Pages | 12 |
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