| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 31/06 |
| Hearing date | 3 Nov 2005 |
| Determination date | 10 February 2006 |
| Member | M Urlich |
| Representation | B Quarrie ; M Broadbelt |
| Location | Auckland |
| Parties | Makiha v Northern Tree Harvesters Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant required under employment agreement to carry out daily checks of truck including of oil level - Respondent concluded that applicant failed to maintain required oil check on truck and this failure resulted in serious damage to engine - Dismissed applicant for serious misconduct - Applicant alleged respondent failed to properly consider all possible explanations for damage sustained to truck's engine - Authority satisfied that respondent fairly considered alternative explanations - Applicant alleged he should have had opportunity to address decision-maker - Respondent's manager conducted investigation, reached conclusion and put recommendation to respondent's Board to vote - Manager put recommendation to Board to seek support for difficult decision but this not same as relinquishing decision-making role to Board - Decision to dismiss one that would have been made by reasonable employer |
| Result | Application dismissed ; Costs reserved |
| Number of Pages | 5 |
| PDF File Link: | aa 31_06.pdf [pdf 29 KB] |