| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 432/05 |
| Hearing date | 26 Oct 2005 |
| Determination date | 31 October 2005 |
| Member | Y S Oldfield |
| Representation | J Roberts ; P Swarbrick |
| Location | Auckland |
| Parties | Comes and Anor v National Pacific Radio Trust and Anor |
| Other Parties | Comes, National Pacific Radio Trust |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Failure to carry out reasonable instruction - Respondent had adopted travel policy requiring staff to travel to airport by shuttle during normal working hours rather than taxi - First applicant became aware of staff member who had used taxi and had history of making contentious expense claims - First applicant requested staff member pay difference out of own pocket and when no payment forthcoming, deducted $30 from staff member's wages - CEO signed off payroll and did not pick up on deduction until staff member protested - CEO told first applicant to pay amount back to staff member - First applicant refused despite repeated instructions - Open and deliberate failure to carry out lawful and reasonable instruction - Disciplinary process fair - No blame attached to first applicant for original deduction since was authorised by CEO - Nor did blame attach to him for telling CEO his view that repayment should not be made - However, CEO then gave instruction which he refused to comply with - Surrounding circumstances pointed to irretrievable breakdown in employment relationship - Serious misconduct - Dismissal justified - Financial controller |
| Result | Application dismissed ; Costs reserved |
| Number of Pages | 7 |
| PDF File Link: | aa 432_05.pdf [pdf 44 KB] |