| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 124/06 |
| Hearing date | 7 Sep 2006 |
| Determination date | 14 September 2006 |
| Member | L Robinson |
| Representation | P McBride ; B Banks |
| Location | Wellington |
| Parties | Haapu v Cityline (NZ) Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - Applicant claimed two previous warnings unjustified - Warning issued when applicant admitted abandoning bus with engine running - Authority considered respondent dealt with matter in very generous way - Second warning for taking adult fare but issuing child ticket - Applicant claimed mistake and not wilful - Respondent entitled to issue warning and put applicant on notice conduct unacceptable - No unjustified disadvantage - UNJUSTIFIED DISMISSAL - Serious misconduct - Summary dismissal - Respondent began investigation into alleged misuse of transfer off" key but dismissed applicant for theft - No evidence of theft and respondent not entitled to reach that conclusion - Also, respondent maintained applicant failed to follow procedure but Authority found no clear procedure communicated to employees - Delay in putting allegations to applicant unfair and prejudiced ability to respond - Not persuaded dismissal met Honda standard - Dismissal unjustified - Remedies - Unsafe to regard frequent use of "transfer off" key as blameworthy conduct - Dismissal severable and independent from warnings - Reinstatement ordered - Recommendation respondent attend to informing employees in relation to issue of transfer tickets and paper feed operations, and record procedures in writing - Suggestion applicant would benefit from retraining - Applicant's adjudication for bankruptcy did not prohibit her seeking Authority's assistance - Length of service not specified - Bus driver" |
| Result | Application dismissed (Unjustified disadvantage) ; Application granted (Unjustified dismissal) ; Reinstatement ordered ; Reimbursement of lost wages (Quantum to be determined by parties) ; Compensation for humiliation etc ($5,000) ; Recommendation ; Costs reserved |
| Statutes | ERA s103A |
| Cases Cited | Shipwrights etc IUOW v Honda NZ Ltd [1989] 3 NZILR 82 |
| Number of Pages | 10 |
| PDF File Link: | wa 124_06.pdf [pdf 45 KB] |