| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 431/05 |
| Hearing date | 28 Sep 2005 |
| Determination date | 28 October 2005 |
| Member | R Arthur |
| Representation | A Sharp ; A Caisley, J Taylor |
| Location | Auckland |
| Parties | Irving v Transportation Auckland Corporation Ltd t/a Stagecoach Auckland |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Failure to follow lawful and reasonable instructions - Failure to cash in" monies collected in fares on certain days when finished after rostered time - Applicant withheld monies because respondent had not paid him overtime on two occasions when he finished late - Respondent initially refused applicant's claim for overtime because believed was covered by union overtime ban - Later agreed would pay monies - Sought to tell applicant but was not at work - Wrote letter to that effect - Written instruction to give back takings - Still did not cash in until some days later - Lawful and reasonable instruction - Even if any legal or moral entitlement to refuse to cash up that ceased to exist from when applicant was advised he would be paid his overtime in next pay -Serious misconduct - Dismissal outcome available to respondent - GOOD FAITH - Respondent was responsive and communicative - Breach in responding to applicant's note technical and slight only - Good faith obligation went both ways - Applicant made no real effort to discuss problem with manager - Applicant's actions neither active or constructive - UNJUSTIFIED DISADVANTAGE - Suspension - Authority member raised issue of whether disadvantaged by not having opportunity to comment on suspension - No unjustified disadvantage - COSTS - Applicant legally aided - If required for purposes of s40(4) Legal Services Act 2000, amount would have awarded was $1,200 - One day investigation meeting - Took into account limited resources of applicant - Bus driver" |
| Result | Application dismissed ; No order for costs |
| Statutes | ERA s4(1A);Legal Services Act 2000 s40(4) |
| Number of Pages | 9 |
| PDF File Link: | aa 431_05.pdf [pdf 60 KB] |