| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 123/06 |
| Hearing date | 16 Jan 2006 |
| Determination date | 11 April 2006 |
| Member | K J Anderson |
| Representation | D Bruce ; R Managh |
| Location | Auckland |
| Parties | Watt v R. D. Managh Ltd t/a Odin's Marine |
| Summary | UNJUSTIFIED DISMISSAL – Misconduct – Applicant continually over-revved outboard motors while carrying out pre-delivery inspections – Altered behaviour for short while after training given but then reverted to previous habits - Use of foul language and extreme reluctance or refusal to carry out tasks requested of him – Called to meeting and told respondent was “letting him go” due to failure to undertake duties correctly and attitude problem – Ongoing performance issues existed and were detrimental to business – Applicant not warned of potential consequences of continuing bad behaviour – Failure to observe any necessary procedural requirements – Dismissal unjustified – Remedies – Contributory conduct 50 percent – PENALTY – Penalty sought for failure to provide written employment agreement – No evidence applicant ever requested agreement or raised issue during employment – No penalty appropriate – Length of service three years including initial casual employment – Marine motor technician |
| Result | Application granted (Unjustified dismissal) ; Reimbursement of lost wages ($6,480 reduced to $3,240) ; Compensation for humiliation etc ($3,000 reduced to $1,500) ; Application dismissed (Penalty) ; Costs reserved |
| Statutes | ERA s123(1)(b);ERA s123(1)(c)(i);ERA s124;ERA s128(2) |
| Cases Cited | NZ (with exceptions) Food Processing etc IUOW v Unilever [1990] 1 NZILR 35 |
| Number of Pages | 6 |
| PDF File Link: | aa 123_06.pdf [pdf 33 KB] |