| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 107/07 |
| Hearing date | 22 Nov 2006 |
| Determination date | 12 April 2007 |
| Member | M Urlich |
| Representation | G Davenport ; G Stone |
| Location | Auckland |
| Parties | Rowe v Toll NZ Consolidated Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Summary dismissal - Serious misconduct - Applicant diagnosed with depression and issued medical certificate stating unfit for work - Respondent's doctor agreed with diagnosis - Respondent implemented ongoing monitoring of applicant upon return to work - Respondent alleged Signal Passed At Danger category A (SPADA") in respect of train applicant driving - Meeting called to gather information - Applicant told respondent after meeting had been involved in SPADA - Claimed did not report incident because thought had "gotten away with it" - Formal disciplinary meeting where allegations of serious misconduct outlined - Applicant not given investigation report because policy at time not to provide one - Respondent claimed report contained information not intended for general distribution - Applicant did not want to explore medical retirement - Respondent claimed raised final written warning as bridge to medical retirement - Respondent claimed no evidence of medical condition which rendered applicant incapable of performing duties - Respondent failed to specify incident, explain purpose of meeting or organise representative - Breach of fair treatment policy not to alert applicant of right to have representative present - No reasonable basis to conclude applicant denied allegation SPADA occurred - Documents should have been provided to applicant - Respondent also failed to fairly consider potential impact of ill health on incident - Dismissal unjustified - Remedies - Lost wages reduced for contributory conduct - Train driver" |
| Result | Application granted ; Reimbursement of lost wages (9 months)(Reduction for contribution) ; Compensation for humiliation etc ($15,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Cases Cited | Air New Zealand v Hudson [2006] 1 ERNZ 415;Angel v Fonterra Co-operative Group [2006] 1 ERNZ 1080 |
| Number of Pages | 10 |
| PDF File Link: | aa 107_07.pdf [pdf 70 KB] |