| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 321/06 |
| Hearing date | 11 Oct 2006 |
| Determination date | 17 October 2006 |
| Member | L Robinson |
| Representation | J Baledrokadroka ; T Golder |
| Location | Auckland |
| Parties | Davies v Cityline (NZ) Ltd t/a Stagecoach Auckland |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant dismissed after supervisor complained applicant verbally abusive and aggressive, and left bus unattended because unhappy with bus route - Respondent entitled to prefer supervisor's statement over applicant's equivocal denial - Full and fair process concluded applicant abused another employee - However, although applicant used bad language and displayed unacceptable attitude, did not direct abuse at supervisor - Did not constitute abuse of an employee" justifying summary dismissal under collective agreement - Behaviour not repudiatory rendering continued relationship impossible - Taking into account applicant's service and previous warnings, fair and reasonable employer would not have reached decision to dismiss - Final warning would have been appropriate response - Unjustified dismissal - Remedies - Applicant equally as responsible for grievance as respondent - Failed to mitigate losses - Contributory conduct 50 percent - Also claimed six years wages as loss of future benefits - No entitlement given lack of certainty applicant would have worked at respondent for next six years - If sought would have reinstated - Duress - Applicant alleged at meeting respondent exerted undue influence on him to remain union member - No undue influence - No duress - BREACH OF CONTRACT - Damages for breach of contract arising out of dismissal not permissible - Length of service seven years seven months - Bus driver" |
| Result | Application granted (Unjustified dismissal) ; Compensation for humiliation etc ($5,000 reduced to $2,500) ; Reimbursement of lost wages ($7,800 reduced to $3,900)(three months) ; Application dismissed (Duress, breach of contract) |
| Statutes | ERA s103A;ERA s124 |
| Number of Pages | 11 |
| PDF File Link: | AA 321_06.pdf [pdf 54 KB] |