| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 170/06 |
| Hearing date | 12 Sep 2006 |
| Determination date | 27 November 2006 |
| Member | G J Wood |
| Representation | T Wilton ; H Sorensen |
| Location | Wellington |
| Parties | Smith v Masterprint Ltd |
| Summary | ARREARS OF HOLIDAY PAY - Respondent bought business where applicant worked - Original owner responsible for holiday pay - Open to respondent to allow staff to take leave in advance without becoming liable for holiday pay - UNJUSTIFIED DISMISSAL - Serious misconduct - As part of investigation, director asked all employees to write in with any concerns about applicant - Allegations included failure to follow instructions, smoking on premises and abuse of co-workers, particularly females - Applicant not provided with statements or names of complainants - Denied most allegations - Not prepared to respond to abuse claim without further information - Respondent considered allegations made out and summarily dismissed him - Not actions of fair and reasonable employer - No reason why separate offences of misconduct meant processes in house rules should not be followed - Should have had opportunity to improve behaviour - Serious allegations required applicant to have as much information as possible - Should have disclosed names, limited number females in workplace and had sufficient detail been given likely able to be identified anyway - Respondent took into account failure to respond when dismissing, compounding unfairness - Also unjustified as dismissed for combination of allegations, and most serious allegation not made out - Some issues going on for years, in effect condoned by manager - Dismissal unjustified - Remedies - Applicant smoked in workplace despite knowing unlawful and being told to stop - Also failed to properly maintain machine and used rude and unpleasant language with female staff - Contributory conduct 35 percent - Printer |
| Result | Application dismissed (Arrears) ; Application granted (Dismissal) ; Reimbursement of lost wages ($7,680 reduced to $4,992) ; Compensation for humiliation etc ($10,000 reduced to $6,500) ; Costs reserved |
| Cases Cited | Porter v The Board of Trustees of Westlake Girls' High School [1998] 1 ERNZ 377 |
| Number of Pages | 10 |
| PDF File Link: | wa 170_06.pdf [pdf 36 KB] |