| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 193/06 |
| Hearing date | 28 Mar 2006 |
| Determination date | 01 June 2006 |
| Member | L Robinson |
| Representation | R Ingram ; S Henderson |
| Location | Auckland |
| Parties | Cameron v Stan Semenoff Transport Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious misconduct – Summary dismissal – Applicant dismissed on spot after respondent received complaint from another transport company of dangerous driving by applicant – Warning previously issued concerning same conduct observed by off-duty police officer – No prior notice of details or seriousness of allegations or advice of entitlement to representation – Brief response to allegations volunteered by applicant rather than actively sought by respondent – Pre-prepared dismissal letter evidence of respondent’s closed mind – Dismissal unjustified – Remedies – Driving incidents rightly categorized as blameworthy conduct by applicant – Dismissal would have been justified if not for procedural irregularities – Contributory conduct 50 percent – Length of service one year six months – Truck driver |
| Result | Application granted ; Reimbursement of lost wages ($6,000 reduced to $3,000)(12 weeks reduced to 6 weeks) ; Compensation for humiliation etc ($5,000 reduced to $2,500) ; Costs reserved |
| Statutes | ERA s124 |
| Number of Pages | 4 |
| PDF File Link: | aa 193_06.pdf [pdf 53 KB] |