| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 504/05 |
| Hearing date | 4 Oct 2005 |
| Determination date | 04 January 2006 |
| Member | K J Anderson |
| Representation | J Watson ; G Wilkin |
| Location | Auckland |
| Parties | Te Tomo v Hamilton Taxi Society Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant dismissed for allocating or feeding" work to her mother, who was a contractor taxi driver for respondent - Respondent had strict policy preventing "feeding" of work to drivers - Respondent discovered two phone calls between applicant and her mother about client requiring a taxi - Applicant alleged that another employee ("B"), who logged call from client, suggested she should ring her mother about job - Applicant dismissed for serious misconduct - Decision to dismiss not one which fair and reasonable employer would have taken in particular circumstances - No full and proper investigation - Respondent obliged to interview B before reaching conclusion - Respondent would have discovered allocation of job was largely administered by B - Would have concluded that both applicant and B equally at fault - Reasonable for applicant to take some guidance from more experienced operator - B only received written warning - Some doubt over whether there was intention to "feed" applicant's mother job - Allegedly duplicitous manner in which applicant's mother did job could not reasonably be visited upon applicant but it had major bearing on decision to dismiss - Element of pre-determination - Remedies - Contributory conduct in respect of applicant's highly irregular behaviour - Call centre operator" |
| Result | Application granted ; Reimbursement of lost wages ($4,936 reduced to $3,456) ; Compensation for humiliation ($4,000 reduced to $2,800) ; Costs reserved |
| Statutes | ERA s103A;ERA s128(2) |
| Cases Cited | Northern Distribution Union v BP Oil NZ Ltd [1992] 3 ERNZ 483 |
| Number of Pages | 6 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |