| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 140/04 |
| Hearing date | 12 Oct 2004 |
| Determination date | 24 November 2004 |
| Member | J Crichton |
| Representation | R Davidson ; L Campbell |
| Location | Christchurch |
| Parties | Wade v Owens Transport Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Significant theft of cigarettes from respondent's sister company - Respondent hired private investigators - Private investigators formed view applicant involved in theft - Not told of nature of meeting with private investigators - Signed waiver of legal representation - Over course of two hour meeting applicant allegedly made admissions - Respondent dismissed applicant in reliance on private investigators' report - Procedurally unfair - No opportunity to reflect on waiver or magnitude of meeting - Applicant under significant emotional stress - Predetermination and bias on part of investigators - Not given copy of report or summary of allegations prior to dismissal - No opportunity for applicant to be heard directly by respondent - Third party investigation could not properly substitute for investigation by respondent - Dismissal unjustified - Remedies - Reinstatement - Applicant's health did not allow him to return to potentially dangerous and stressful occupation - Reinstatement declined - Contributory conduct - Being seen socialising at night at sister company's depot and smoking cannabis and drinking beer on sister company's premises not contributory conduct - Lost remuneration - Clinical depression prevented applicant from working - Not just to visit all consequences of applicant's pre-existing illness on respondent - Night shift supervisor |
| Result | Application granted ; Reimbursement of lost wages ($8,840)(3 months) ; Compensation for humiliation etc ($10,000) ; Costs reserved |
| Statutes | ERA s125 |
| Cases Cited | Amaltal Fishing Co Ltd v Morunga [2002] 1 ERNZ 692;Airline Stewards and Hostesses of NZ IUOW v Air NZ Ltd [1990] 3 NZILR 584 ; [1990] 3 NZLR 549;Hati v Auckland Farmers Freezing Co-op Ltd & Anor [1988] NZILR 662;Pitolua v Auckland City Council Municipal Abattoir [1992] 1 ERNZ 693;W&H Newspapers Ltd v Oram [2000] 2 ERNZ 448 |
| Number of Pages | 9 |
| PDF File Link: | ca 140_04.pdf [pdf 44 KB] |