| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 361/04 |
| Hearing date | 4 Nov 2004 |
| Determination date | 09 November 2004 |
| Member | A Dumbleton |
| Representation | Am McInally ; R McIlraith, G Service |
| Location | Auckland |
| Parties | Sovea v Vita New Zealand Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Misconduct - Alleged failure to follow work rules and demonstrated disrespect for supervisor - Respondent's annual fun day - Applicant had agreed with supervisor would travel by personal car instead of bus so could pick up child in afternoon - Employees assigned teams and team leaders for the day - On the day applicant's team leader said had to travel by bus - After returned to work applicant left to collect child - Did not advise management and failed to clock out - Absence caused disruption - Applicant assumed would be okay - Previous warnings - Respondent laid too much blame on applicant - No wilful disobedience rather carelessness - Applicant not responsible for respondent's failure to allow him to carry out arrangement he had previously reached with supervisor - Applicant made wrong assumptions but so did respondent - Respondent failed to interview leader as part of process - Unreasonably held it against applicant that some employees had alleged intimidating or bullying manner - Complaint not raised with applicant and respondent could not support complaint with specific instances - Unjustified dismissal - Remedies - Reinstatement ordered but suspended - Parties to participate in mediation before reinstatement to reach understanding about expectations - If necessary could return to Authority for extension of suspension - No contributory conduct but behaviour and reinstatement taken into account in awarding reimbursement of lost wages of 3 months |
| Result | Application granted ; Reinstatement ordered ; Reimbursement of lost wages ($6,111.04)(3 months) ; Compensation for humiliation etc ($4,500) ; Costs reserved |
| Statutes | ERA s125;ERA s126 |
| Number of Pages | 6 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |