| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 147/06 |
| Hearing date | 27 Jul 2006 |
| Determination date | 10 October 2006 |
| Member | H Doyle |
| Representation | J Beck ; L Turner |
| Location | Christchurch |
| Parties | Head v Goodman Fielder New Zealand Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Misconduct - Summary dismissal - Dismissed for falsifying time records - Claimed applicant left work before shift ended and returned to clock out - Applicant claimed told not obliged to clock out and would be paid 50 hour week regardless of hours worked - Respondent's evidence preferred - Applicant usually paid less than 50 hour week - Did not specifically complain not given enough work to fill 50 hours - Hours had to be actually worked - Two reminders given on need to clock out - Unlikely applicant instructed not to clock out or told would be paid for 50 hours whether worked or not - Knew was responsible to clock in and out each day - Admitted conduct occurred on three occasions at disciplinary meeting - No evidence of ulterior motive for dismissal - Fair and reasonable employer would have given credit for admission, apology and length of service - Satisfied those matters considered - Full and fair investigation process - Summary dismissal available option - Fair and reasonable employer would have concluded falsification of time records serious misconduct and dismissed in circumstances - Dismissal justified - Length of service six years - Health and safety co-ordinator |
| Result | Application dismissed ; Costs reserved |
| Number of Pages | 8 |
| PDF File Link: | ca 147_06.pdf [pdf 37 KB] |