| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 78/07 |
| Hearing date | 2 Feb 2007 |
| Determination date | 16 March 2007 |
| Member | Y S Oldfield |
| Representation | O Burt (in person) ; P Azam |
| Location | Auckland |
| Parties | Burt v Alltrade Autoparts (NZ) Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Misconduct - Applicant dismissed for taking tyres without asking - Respondent claimed applicant warned for this, and attitude, before - Applicant denied being warned but agreed issues discussed before - Alleged arranged taking tyres with second co-owner and told first co-owner this before dismissed - On balance, Authority concluded applicant thought had permission - More likely than not mentioned this at disciplinary meeting - No notes of meeting, respondent's recall not good and co-owner did not attend investigation meeting - Applicant given benefit of doubt - Authority accepted written warnings never shown to applicant and not told job in jeopardy - Respondent's conduct fell short of minimum standards of fairness - Applicant not properly warned and respondent did not properly consider explanation for conduct that led to dismissal - First co-owner at end of tether and felt had to assert himself - Disciplinary meeting not conducted with open mind or care that should be shown when long serving employee at risk of losing job - Dismissal unjustified - Remedies - Respondent's chief complaint about applicant related to attitude - During investigation meeting Authority saw ample demonstration of attitude complained of - Applicant not prepared to acknowledge new boss - Contributory conduct 50 percent - Mechanic |
| Result | Application granted ; Reimbursement of lost wages ($7,000 reduced to $3,500)(14 weeks reduced to 7) ; Compensation for humiliation etc ($5,000 reduced to $2,500) ; No order for costs |
| Main Category | Personal Grievance |
| Number of Pages | 3 |
| PDF File Link: | aa 78_07.pdf [pdf 23 KB] |