| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 73/06 |
| Hearing date | 1 Dec 2005 - 2 Dec 2005 (2 days) |
| Determination date | 10 May 2006 |
| Member | P R Stapp |
| Representation | L Turner ; M Gould, S Thompson |
| Location | Wellington |
| Parties | Snorkel Elevating Work Platforms Ltd v Thompson |
| Summary | RECOVERY OF MONIES - Applicant sought repayment of bonuses which respondent allegedly paid himself but was not entitled to - Applicant made decision to freeze all bonuses - Applicant alleged a new compensation programme was to replace any other bonus payments - Respondent alleged he phoned Executive Vice President and asked for approval to pay bonuses - Executive Vice President denied phone call - Administration Manager calculated bonuses and forwarded to Australian General Manager to check - Between December 2003 and April 2005 respondent received 14 payments totaling $120,306 - Also received discretionary bonuses of $19,384 paid under new scheme - At best respondent's action could have been result of misunderstanding about entitlement to bonus - Evidence did not support respondent getting approval to reinstate bonus - Respondent to pay back $120,306 - Not required to pay back discretionary bonuses of $19,384 since those payments were authorised - PENALTY - Applicant sought penalty against respondent for breach of employment agreement - Claim dismissed - No proven deliberate and wilful breach - UNJUSTIFIED DISMISSAL - Serious misconduct - Dismissed for paying bonuses and alleged loss of trust and confidence because did not disclose ownership in Levin premises - Fair and reasonable employer would not have come to honestly held belief that respondent deliberately and wilfully dishonest or deceptive - Applicant had not established required level of proof and did not meet requirement to provide reasoning about how Executive Vice President came to reach decision - Relied on information after the event - Payments of bonuses not hidden from Administration Manager and Australian General Manager - Fair and reasonable employer would have searched telephone records and enquired with reception for verification - Deliberate and wilful misconduct about Levin premises not proven - Unjustified dismissal - Contributory conduct 40 percent - Leave granted to return to Authority to deal with superannuation claim if parties unable to reach agreement on calculation in regard to lost remuneration sum - Length of service approximately 21 years in three different jobs - General manager |
| Result | Application granted (Recovery of monies) ; Repayment of bonuses ($120,306.46) ; Application granted (Unjustified dismissal) ; Reimbursement of lost wages ($18,449)(60 percent of 3 months) ; Reimbursement of lost benefit (car)($1,500 reduced to $900) ; Compensation for humiliation etc ($12,000 reduced to $7,200) ; Costs reserved |
| Number of Pages | 14 |
| PDF File Link: | wa 73_06.pdf [pdf 66 KB] |