| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 37/05 |
| Hearing date | 9 Mar 2005 |
| Determination date | 29 March 2005 |
| Member | J Crichton |
| Representation | G Tyrall ; I Thompson |
| Location | Christchurch |
| Parties | Marlow v Gorrie Fuel (SI) Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant, 14 years old, was employed as petrol station attendant – Customer stopped by diesel pump and applicant asked customer how much diesel she wanted before filling the tank up – Inside station discovered customer had wanted petrol – Respondent swore at applicant and fired him – Respondent believed applicant made the mistake rather than the customer - Applicant did not mention had asked customer how much diesel she wanted – Submission that the legal test should be different in retail fuel industry due to pressure from customers not accepted – Even if could be contended that dismissal was substantively justified was procedurally unfair – Dismissal in heat of moment – Remedies - No contributory conduct - Petrol station attendant |
| Result | Application granted ; Reimbursement of lost wages ($624)(3 months) ; Compensation for humiliation etc ($3,000) ; Costs reserved |
| Number of Pages | 5 |
| PDF File Link: | ca 37_05.pdf [pdf 28 KB] |