| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 373/04 |
| Hearing date | 27 Aug 2004 |
| Determination date | 17 November 2004 |
| Member | D King |
| Representation | G Burch (in person) ; G Ready |
| Location | Auckland |
| Parties | Burch v Independent Monitoring Services Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - Suspension - Suspended on pay after caught sleeping while at work - No opportunity to comment - Suspension for short period - No disadvantage - 100% contributory conduct - UNJUSTIFIED DISMISSAL - Serious misconduct - At disciplinary meeting respondent raised issues of sleeping on the job, failing to respond to alarms and unauthorised access to internet - Main reason for dismissal was internet use - Respondent believed applicant had downloaded material from website - Did not listen to applicant's explanation - Authority satisfied no downloading occurred - Dismissal unjustified - Remedies - Failure to respond to alarm and sleeping while working blameworthy actions - 100% contributory conduct - PENALTY - No written employment agreement - Penalty ordered - Alarm monitor |
| Result | Application dismissed (unjustified disadvantage) ; Application granted (unjustified dismissal) ; Penalty ($1,000)(payable to Crown) ; Costs reserved |
| Statutes | ERA s62(4) |
| Cases Cited | Tawhiwhirangi v Attorney General in respect of Chief Executive Department of Justice [1993] 2 ERNZ 546 |
| Number of Pages | 4 |
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