| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 102/05 |
| Hearing date | 24 Feb 2005 |
| Determination date | 29 March 2005 |
| Member | V Campbell |
| Representation | R Sharma ; D McGill |
| Location | Auckland |
| Parties | George v Datacom Engineering Services Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Complaints from customer - Returned monitor to customer and switched monitor employee was using with monitor which had been repaired - First complaint about interruption of employee's work - After applicant left site employee found computer still made high pitched noise supposed to have been repaired - Applicant told employee job was no longer open so needed to be reopened - Alleged that applicant spent 30 minutes telling off employee of customer - Respondent's enquiry less than adequate - Details of complaints not provided to applicant prior to disciplinary meeting - Respondent accepted customer's account of events without enquiry made of initiator of complaint - Respondent did not have reasonable grounds to believe misconduct sufficient to justify dismissal - Dismissal unjustified - Lost remuneration not result of dismissal but rather decision to undertake study - Contributory conduct 10 percent - Claim for compensation for loss of benefits declined - Computer engineer |
| Result | Application granted ; Compensation for humiliation etc ($7,500 reduced to $6,750) ; Costs reserved |
| Statutes | ERA s124 |
| Cases Cited | Irvines Freightlines Ltd v Cross [1993] 1 ERNZ 424;NZ (with exceptions) Food Processing etc IUOW v Unilever NZ Ltd [1990] 1 NZILR 35 |
| Number of Pages | 7 |
| PDF File Link: | aa 102_05.pdf [pdf 30 KB] |