| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 70/07 |
| Hearing date | 5 Mar 2007 |
| Determination date | 14 March 2007 |
| Member | V Campbell |
| Representation | P Bell (in person) ; P Robertson |
| Location | Auckland |
| Parties | Bell v Board of Trustees, Cambridge High School |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant dismissed after spray-painted windscreen and side mirror of student's vehicle - Student complained and applicant called to meeting - Applicant claimed action justified because vehicle blocked emergency access to sports field - Claimed respondent's investigation unfair - Not advised dismissal possible consequence of disciplinary meeting - Respondent did not agree to having witnesses of incident at meeting - Applicant wanted to refute witnesses allegations he caused crack in windscreen and pushed gate into vehicle - Authority satisfied respondent did not consider applicant responsible those allegations - Enquiry focused on whether applicant contravened required standard of conduct in collective employment agreement when spray-painted vehicle - Spray-painting fell squarely within definition of vandalism - In circumstances, respondent correct in concluding actions serious misconduct - However, actions in dismissing without providing fair notice employment in jeopardy so unfair as to render dismissal unjustified - Dismissal unjustified - Remedies - High likelihood would still have dismissed applicant had he been advised dismissal possible - Significant blameworthy conduct - Applicant entitled to award for contribution to costs, but not other remedies - School groundskeeper |
| Result | Application granted ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Cases Cited | Man O'War Farm Ltd v Bree [2003] 1 ERNZ 83;Morris v Christchurch Airport Ltd [2004] 1 ERNZ 336;North Island Wholesale Groceries Ltd v Hewin [1992] 2 NZILR 176;Telecom New Zealand Ltd v Nutter [2004] 1 ERNZ 315;Waitakere City Council v Ioane [2004] 2 ERNZ 194 |
| Number of Pages | 6 |
| PDF File Link: | aa 70_07.pdf [pdf 37 KB] |