| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 32/05 |
| Hearing date | 23 Nov 2004 |
| Determination date | 03 February 2005 |
| Member | J Scott |
| Representation | S Cuddon ; P Tremewan |
| Location | Auckland |
| Parties | Ngaropo v Boise Office Solutions |
| Summary | UNJUSTIFIED DISMISSAL - Gross misconduct - Applicant was facing mortgagee auction of home so had taken time off work to sort out finances - Applicant was told needed to be back at work on first day of the month - On that day arranged to take that day off - Did not turn up at work for next three days and did not contact respondent - Respondent tried to contact applicant on second day - Wrote letter on third day - Applicant rang respondent when received letter - Disciplinary investigation - Agreement provided that three days absence without contact could amount to gross misconduct - Also provided should contact respondent within two hours if unable to attend work - Applicant contacted respondent on third day - History of absence - Unacceptable that respondent had taken no previous steps to warn unacceptable and then take hardest line possible - Purpose of contacting applicant by letter to prevent possible dismissal - Respondent's actions not warranted on proper interpretation of house rules and philosophy - Did not weigh exceptional circumstances of necessity to make urgent financing arrangements - Dismissal unjustified - Remedies - Contributory conduct 50 percent - Customer service representative |
| Result | Application granted ; Reimbursement of lost wages ($4,312.50 reduced to $2,156.25) ; Compensation for humiliation etc ($3,000 reduced to $1,500) ; Costs reserved |
| Cases Cited | Northern Distribution Union v BP Oil NZ Ltd [1992] 3 ERNZ 483;NZ (with exceptions) Food Processing etc IUOW v Unilever NZ Ltd [1990] 1 NZILR 35;Petersen v Board of Trustees Of Buller High School [2002] 1 ERNZ 139;W&H Newspapers Ltd v Oram [2000] 2 ERNZ 448 |
| Number of Pages | 8 |
| PDF File Link: | aa 32_05.pdf [pdf 45 KB] |