| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 10/05 |
| Hearing date | 3 Aug 2004 - 4 Aug 2004 (2 days) |
| Determination date | 18 January 2005 |
| Member | Y S Oldfield |
| Representation | P Mills ; P Churchman |
| Location | Auckland |
| Parties | Parker v Ruapehu Alpine Lifts Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant drove snow mobile (skidoo") to check out maintenance issue - Stopped skidoo, leaving engine idling and skidoo rolled on top of him and continued down hill area which was open to members of public - Customer complaint - Investigation into accident - Decided applicant breached safety procedures - Applicant dismissed at meeting though not advised of purpose of meeting or told could bring representative - Disciplinary process unfair - Respondent did not clearly distinguish between initial routine investigation into accident and subsequent disciplinary investigation - No adequate opportunity to be heard - Dismissal would have been substantively justified - Remedies - Reinstatement not practicable - Contributory conduct - Fair process would have resulted in dismissal so no award of loss of earnings made - ARREARS OF HOLIDAY PAY - Appeared was no outstanding annual leave, but counsel for applicant advised had not received copies of timesheets - Leave reserved for applicant to purse issue of annual leave once timesheets examined - PENALTY - Alleged respondent breached personal grievance procedure in employment agreement - Meeting required by agreement did not take place within required timeframe but not clear was entirely due to respondent - Claim failed - Lift mechanic on Ruapehu ski fields" |
| Result | Application dismissed ; Orders accordingly ; Costs reserved |
| Statutes | ERA s124;ERA s134 |
| Cases Cited | Ark Aviation v Newton [2001] ERNZ 133;Waitakere City Council v Ioane [2004] 2 ERNZ 194 |
| Number of Pages | 10 |
| PDF File Link: | aa 10_05.pdf [pdf 69 KB] |