| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 94/05 |
| Hearing date | 24 Nov 2004 |
| Determination date | 21 March 2005 |
| Member | K J Anderson |
| Representation | P Hodge ; R Parmenter |
| Location | Auckland |
| Parties | Walton v European Stone Surfaces Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant incorrectly filled out time sheets and implicated younger employee in this - Respondent became aware of a number of anomalies - Applicant confessed what had occurred - Agreed that employment would terminate but terms not agreed on - Agreed on a further meeting at which applicant would have chance to explain - Further meeting did not happen and applicant dismissed - At time of dismissal applicant only had nominal opportunity to refute allegations and/or explain or mitigate conduct - Applicant entitled to final opportunity to be heard - Procedurally unfair - Substantively justified - Unjustified dismissal - Remedies - Entitled to reimbursement of lost wages for four weeks - Doubtful employment would have continued beyond four weeks - Reduced by 100% for contributory conduct - No compensation awarded - No evidence of any damage - Applicant resigned to fact that termination of employment inevitable - Claim for loss of wages while attending disciplinary meetings declined - UNJUSTIFIED DISADVANTAGE - Claim not urged on Authority to any great degree - No tangible evidence that applicant suffered unjustified disadvantage in employment - COSTS - Appropriate that costs lie where they fall - Intituling of determination changed to correctly identify respondent - Kitchen bench top maker and installer |
| Result | Application granted ; Reimbursement of lost wages; Contributory conduct 100% ; Orders accordingly ; Costs to lie where they fall |
| Statutes | ERA s124 |
| Number of Pages | 7 |
| PDF File Link: | aa 94_05.pdf [pdf 39 KB] |