| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 48/06 |
| Hearing date | 16 Feb 2006 |
| Determination date | 23 March 2006 |
| Member | G J Wood |
| Representation | J Langford ; M Beech |
| Location | Wellington |
| Parties | Johnston v Ballance Agri-Nutrients Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious misconduct – Employment agreement required applicant to work 40 hours per week between 6am and 6pm Monday to Friday – Exact times of work never agreed – In practice applicant worked on flexible “give and take” basis – Some golf attendances during working week authorised by respondent to gain clients - Summarily dismissed after discovery of unauthorised golf days – Applicant not required to be available all hours between 6am and 6pm as respondent believed – No reason to doubt applicant’s claim that 40 hour requirement met – Insufficient account taken of “give and take” arrangement – Attendance at golf days in respondent’s branded clothing showed applicant believed actions acceptable - Failure to report golf days did not amount to serious misconduct in terms of employment agreement – Dismissal substantively unjustified – Decision maker not present at disciplinary meeting – Decision maker made decision after given summary of meeting over phone – Claims of additional hours worked at other times not addressed – Dismissal procedurally unfair – Remedies – Applicant’s abusive and threatening behaviour to managers after dismissal unacceptable but dealings with them would be minimal if reinstated – Reinstatement appropriate – Abusive behaviour and serious error of judgment by attending golf days amounted to contributory conduct – Only appropriate financial remedies lost wages and costs - Length of service two years – Technical sales representative |
| Result | Application granted ; Reinstatement ordered ; Reimbursement of lost wages (Quantum to be calculated) ; Costs in favour of applicant (Full costs)(Quantum to be calculated) ; Leave reserved on quantum of wages and costs if no agreement |
| Number of Pages | 13 |
| PDF File Link: | wa 48_06.pdf [pdf 60 KB] |