| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 381/06 |
| Hearing date | 6 Dec 2006 |
| Determination date | 19 December 2006 |
| Member | V Campbell |
| Representation | J Peebles ; no appearance |
| Location | Auckland |
| Parties | Tandy v Hubert |
| Summary | UNJUSTIFIED DISMISSAL - Misconduct - No appearance by respondent - Dismissed for allegedly failing to collect and transport goods - Applicant submitted respondent told him truck not running over weekend and to return to work on Monday - Claimed respondent rang on Saturday and asked him to wash truck - Applicant refused - Authority satisfied request for driver to wash truck and attend work on day off out of ordinary - Next day received message saying dismissed on notice for not collecting goods about two weeks earlier - Applicant denied leaving goods behind - In absence of investigation respondent in no position to determine misconduct occurred - Complete failure to adhere to procedural fairness - Respondent's actions not those of fair and reasonable employer - Dismissal unjustified - Remedies - Lack of procedure meant not possible to ascertain contributory conduct - Length of service one year four months - Driver |
| Result | Application granted ; Reimbursement of lost wages ($4,500)(6 weeks) ; Compensation for humiliation etc ($2,500) ; Costs reserved |
| Statutes | ERA s103A;ERA Second Schedule cl12 |
| Cases Cited | Air New Zealand Ltd v Hudson (2006) 3 NZELR 155;North Island Wholesale Groceries Ltd v Hewin [1982] 2 NZLR 176; (1982) ERNZ Sel Cas 27;NZ (with exceptions) Food Processing etc IUOW v Unilever [1990] 1 NZILR 35 |
| Number of Pages | 6 |
| PDF File Link: | aa 381_06.pdf [pdf 43 KB] |