| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 373/06 |
| Hearing date | 20 Nov 2006 |
| Determination date | 07 December 2006 |
| Member | M Urlich |
| Representation | C Lennon ; P Elder |
| Location | Auckland |
| Parties | Ottulugia v Roy Morgan New Zealand Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Whether fixed term employment - Collective employment agreement stated employment fixed term on as and when required" basis, with each weekly engagement a separate period of employment - Section 66 Employment Relations Act 2000 obligations not met - Permanent employee - Serious misconduct - Summary dismissal - Applicant dismissed for hanging up on phone calls, and calling back a caller asking why had hung up on a call - At dismissal meeting Field Coordinator claimed told applicant she hung up on a caller, and handed applicant dismissal letter - Applicant claimed was called into meeting, handed dismissal letter, and was left to read it - By either account dismissal failed to meet accepted standards of a fair dismissal - Not given fair opportunity to answer allegation, give explanation, or have representative present - Not advised prior to meeting of its purpose, or told what allegations were or their factual basis - Evidence showed decision to dismiss made prior to disciplinary meeting - Dismissal unjustified - Remedies - Applicant did not deny allegations, and knew interviewers could not end calls without being authorised - Monitoring records showed conduct occurred - Blameworthy conduct - Serious flaws in disciplinary process denied applicant opportunity to provide explanation, which may have mitigated penalty received - Contributory conduct 50 percent - Length of service over two years - Call centre interviewer" |
| Result | Application granted ; Reimbursement of lost wages (Two months)(Quantum to be determined, reduced by 50 percent) ; Compensation for humiliation etc ($2,000 reduced to $1,000) ; Costs reserved |
| Statutes | ERA s66;ERA s66(2)(b);ERA s66(4);ERA s66(6)(b);ERA s124;Employment Relations Amendment Act (No 2) 2004 s27 |
| Number of Pages | 5 |
| PDF File Link: | aa 373_06.pdf [pdf 45 KB] |