| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 161/07 |
| Hearing date | 26 Apr 2007 |
| Determination date | 30 May 2007 |
| Member | K Raureti |
| Representation | K Nicolson ; T Kelly & C Kelly |
| Location | Auckland |
| Parties | Main v Interior Developments Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Misconduct - Applicant went for beer at nearby business after work – When returned to premises in company van found security gate closed – Applicant claimed approached gates and very slowly pushed them open with van – Submitted stopped and opened gates properly when respondent called out – Respondent described incident differently – Claimed applicant rammed closed gate – Respondent confronted applicant and short, heated exchange followed - Respondent claimed raised prospect of disciplinary action for serious misconduct and suggested meeting next day – Applicant did not show for work following day but respondent proceeded to investigated incident – Concluded actions serious misconduct and decided to dismiss applicant – When applicant arrived at work handed dismissal letter and personal belongings – No opportunity to comment on allegations – No full and fair investigation – Dismissal unjustified – Remedies – Evidence applicant nudged gate preferred – Actions lacking in good sense but not serious misconduct – Contributory conduct 20 percent – |
| Result | Application granted ; Reimbursement of lost wages ($5,000) ; Compensation for humiliation etc ($3,200) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Cases Cited | Air New Zealand Ltd v Hudson [2006] 1 ERNZ 415;NZ (with exceptions) Food Processing IUOW v Unilever New Zealand Ltd [1990] 1;NZILR 35 |
| Number of Pages | 5 |
| PDF File Link: | aa 161_07.pdf [pdf 35 KB] |