| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 6/07 |
| Hearing date | 20 Jul 2006 - 27 Jul 2006 (2 days) |
| Determination date | 24 January 2007 |
| Member | P Montgomery |
| Representation | D Fraundorfer ; PD Zwart |
| Location | Picton |
| Parties | Alexander v The Home Centre Ltd t/a Marlborough Mitre 10 Home and Trade |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant dismissed primarily for absenting herself for two days and deceiving employer over reasons for absence - Matter to be placed in context of discovery of applicant's convictions for benefit abuse - Factual matrix of case involved deceit and actions such as using mother as conduit of messages to avoid scrutiny - Applicant's behaviour struck at heart of employment relationship and capable of amounting to serious misconduct - But for culpable deceit, would likely have found absence fell short of serious misconduct - Also dismissed for failing to notify respondent of subsequent departure from premises and reasons for it - Not serious misconduct - Applicant criticised respondent's conduct leading up to dismissal - Earlier meetings confined to operational issue, not disciplinary - Respondent entitled to raise convictions at disciplinary meeting as inquiring into applicant's trustworthiness - However, disciplinary investigation seriously deficient - Applicant unable to put forward views and respondent failed to inquire when applicant raised issue relating to relationship with office manager - Fair employer would have inquired into allegation and what, if any, bearing it had on total issue - Dismissal unjustified - Remedies - Length of service taken into account when setting compensation - Contributory conduct 50 percent - Accounts clerk |
| Result | Application granted ; Compensation for humiliation etc ($5,000 reduced to $2,500) ; Reimbursement of lost wages ($1,880) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103 |
| Cases Cited | BP Oil Ltd v Northern Distribution Union [1989] 3 NZILR 276, [1989] 3 NZLR 580;Materoa v New Zealand Aluminium Smelters Ltd unreported, I McAndrew, 10 December 2001, DT 35/01;Northern Distribution Union v BP Oil NZ Ltd [1992] 3 ERNZ 483 |
| Number of Pages | 9 |
| PDF File Link: | ca 6_07.pdf [pdf 52 KB] |