| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 156/07 |
| Hearing date | 12 Apr 2007 |
| Determination date | 22 May 2007 |
| Member | Y S Oldfield |
| Representation | B Warren ; C Bormans |
| Location | Auckland |
| Parties | Monahan v Lister's Pioneer Services Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Misconduct - Applicant received offence notice for failure to produce log book, and summons to appear in Court - Summons copied to respondent - Offence carried one month mandatory loss of licence - Respondent understood applicant did not intend to defend charge - Gave him notice employment would terminate on date of Court hearing - Applicant plead guilty to offence but did not lose licence - Court accepted explanation for failure to produce log book - Applicant informed respondent of outcome and asked for reimbursement of lost wages and reinstatement - Respondent offered reinstatement only - Applicant did not accept offer and raised personal grievance - Applicant offered no explanation to respondent - Grounds for summary dismissal established - However, dismissed because of possible loss of licence, not for failing to produce log book - Decision premature - Dismissal unjustified - Remedies - Failure to produce log book applicant's fault, and very serious - Failed to give respondent explanation gave to Court or mitigate loss by accepting reinstatement offer - Contributory conduct 50 percent - Truck driver |
| Result | Application granted ; Reimbursement of lost wages ($3,375 reduced to $1,687)(5 weeks) ; Compensation for humiliation etc ($1,000 reduced to $500) ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 3 |
| PDF File Link: | aa 156_07.pdf [pdf 32 KB] |