| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 95/07 |
| Hearing date | 29 Mar 2007 |
| Determination date | 29 March 2007 |
| Member | J Scott |
| Representation | H Russ ; no appearance |
| Location | Auckland |
| Parties | Sammons v TPC Group Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Misconduct - Respondent in receivership - No appearance by respondent - Receivers’ advised Authority they did not intend to participate further in defence - As would lessen funds available to creditors - Authority in possession of some information from respondent regarding dismissal - Respondent claimed applicant under quoted on particular job and asked him to explain use of company credit card - Applicant not advised of purpose of meeting or given opportunity to be represented - Respondent alleged applicant refused to answer questions at meeting - Applicant explained quoted only on materials set out by client - Applicant claimed meeting concluded with his termination - Final wages calculated with deductions for credit card expenses - Claimed never gave authority for deductions - Final wages not paid because applicant declined to sign receipt as full and final payment - No evidence from respondent to support concerns - No evidence provided of nature of investigation conducted or evidence to demonstrate applicant treated fairly in process - Dismissal unjustified - Property maintenance manager |
| Result | Application granted ; Reimbursement of lost wages ($9,489.07) ; Arrears of wages and holiday pay ($3,067.33) ; Compensation for lost benefit (Company vehicle) ($2,500) ; Compensation for humiliation etc ($5,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 7 |
| PDF File Link: | aa 95_07.pdf [pdf 36 KB] |