| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 30/06 |
| Hearing date | 8 Dec 2005 |
| Determination date | 09 February 2006 |
| Member | M Urlich |
| Representation | E Rollo (in person) ; R Green |
| Location | Auckland |
| Parties | Rollo v Pick-A-Part Avondale Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Whether applicant abandoned employment - Respondent's director formed view that things were going missing - Arranged set-up to catch who was responsible - Applicant directed to pick up car - When applicant returned car to yard its mag wheels were no longer there - Director laid complaint with police that applicant had stolen mag wheels - Later that day applicant arrested for theft - District Court dismissed charge against applicant and District Court's judgment recorded that observer did not see applicant or anyone else remove mag wheels - Applicant did not return to work after day of arrest - Employment agreement provided that where employee absented himself from work for continuous period of two days without notifying or obtaining consent of respondent, he was deemed to have abandoned employment - Evidence showed applicant and respondent were in regular contact from day after applicant's arrest - Respondent did not expect applicant back at work after arrest and wanted to meet with him to discuss issue - Could not be said applicant abandoned his employment - Applicant unable to resume normal duties without express authorisation from respondent - Applicant was dismissed when respondent hired a replacement driver - Respondent unable to demonstrate requirements of procedural or substantive fairness were followed to justify dismissal - No reasonable basis upon which respondent could conclude applicant responsible for disappearance of mag wheels - Respondent did not take reasonable steps to set up meeting with applicant - Remedies - Applicant suspended from day after arrest until dismissal and that suspension should have been on pay - Driver |
| Result | Application granted ; Reimbursement of lost wages (suspension)(1 month) ; (dismissal)(3 months)(quantum to be determined by parties) ; Compensation for humiliation etc ($4,000) ; Filing fee ($70) |
| Statutes | Te Ture Whenua Maori/Maori Land Act 1993 |
| Number of Pages | 5 |
| PDF File Link: | aa 30_06.pdf [pdf 27 KB] |