| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 28/07 |
| Hearing date | 26 Oct 2006 |
| Determination date | 23 March 2007 |
| Member | P Montgomery |
| Representation | D Goldwater ; R Upton |
| Location | Christchurch |
| Parties | Tufuga v Sleepyhead Manufacturing Company Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Summary dismissal - Applicant dismissed for removing company property without authorisation - Reinstatement sought - Removal of property serious misconduct under employment agreement - Senior co-worker (T") saw applicant load bed panels into vehicle and questioned whether authorised to take them - Told needed permission and applicant confirmed he understood - At end of shift T saw applicant drive away with panels and failed to stop him - Management advised - Union delegate told of situation and that meeting to take place - Applicant told of seriousness of matter and dismissal possible - Delegate represented applicant at meeting - Delegate did not act as agent of respondent, and not directed by it to represent applicant - Satisfied applicant accepted delegate's offer to represent him - Aware of policy regarding removal of property without authorisation - On two previous occasions, applicant sought and was granted permission to take property - Blatant disregard of policies - When advised dismissed applicant claimed returned panels - Evidence failed to show panels returned - English applicant's second language - No evidence applicant confused or did not understand at meeting - Language difficulties not significant factor in investigation - Full and fair inquiry and investigation process - Fair and reasonable employer would have dismissed - Dismissal justified" |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Cases Cited | Air New Zealand Ltd v Hudson [2006] ERNZ 415;Fuiava v Air New Zealand Ltd [2006] 1 ERNZ 806 |
| Number of Pages | 7 |
| PDF File Link: | ca 28_07.pdf [pdf 49 KB] |