| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 178/06 |
| Hearing date | 16 May 2006 |
| Determination date | 19 May 2006 |
| Member | V Campbell |
| Representation | M Nutsford ; B Debenham |
| Location | Auckland |
| Parties | Paterson v Woodland Developments Ltd t/a Visual Coatings |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Dismissed with one week's notice for arriving late to work - Two previous incidents - First incident involved attempt to use company fuel card for private means - Respondent spoke with applicant about fuel card incident but no warning given that job in jeopardy - Second incident involved applicant writing offensive words on side of house being built (another employee was responsible for drawing swastikas onto wooden frame of house) - Words and drawings seen by owner who complained - Applicant required to apologise to owners - Received warning for second incident - Respondent did not provide unequivocal warning that job in jeopardy - Respondent accepted at investigation meeting that did not follow required procedure when dismissing applicant - Decision to dismiss based on respondent's misapprehension that had previously warned applicant he could be dismissed for future problems - Not satisfied respondent did that - Unjustified dismissal - Remedies - Not entitled to reimbursement of lost wages since failed to mitigate loss - Contributory conduct 20 percent - Applicant's relative youth and short duration of employment taken into account in considering compensation - Length of service approximately two months - Plasterer |
| Result | Application granted ; Compensation for humiliation etc ($3,000 reduced to $2,400) |
| Cases Cited | Gorrie Fuel (SI) Ltd v Marlow unreported, Couch J, 21 November 2005, CC 14A/05;NZ (with exceptions) Food Processing etc IUOW v Unilever NZ [1990] 1 NZILR 35 |
| Number of Pages | 7 |
| PDF File Link: | aa 178_06.pdf [pdf 30 KB] |