| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 164/07 |
| Hearing date | 5 Jun 2007 |
| Determination date | 05 June 2007 |
| Member | L Robinson |
| Representation | P Pa'u ; A Toohey |
| Location | Auckland |
| Parties | Brinkman v Versatile Buildings Ltd |
| Summary | RAISING PERSONAL GRIEVANCE – Final written warning given for communicating untruthful position of accounts – Applicant claimed warning unreasonable – At time warning given applicant did not raise grievance – Authority declined to investigate justifiability of warning and no case to permit investigation out of time – UNJUSTIFIED DISMISSAL – Respondent claimed lost trust and confidence in applicant – Applicant received email directing him to attend meeting – At meeting applicant given documents outlining respondents concerns – Applicant suspended following meeting – Dismissal letter failed to outline reasons and findings justifying dismissal – Respondent claimed applicant hired new staff without senior management authorisation – Applicant never advised of senior managers role or how that role related to him – Respondent wrong to conclude applicant chose to ignore procedure – Respondent claimed applicant authorised claim for staff dinner outside level of authority – Alleged, claim constructed to avoid authorisation from senior manager – Lack of transparency led respondent to conclude serious misconduct – Authority found allegation on own could not justify dismissal, however, relevant to issue of loss of trust and confidence – Allegation of incorrect information provided to debtors not proven by respondent – Allegations never put to applicant for response – Respondent also raised concerns over applicant’s email correspondence with co-worker – Evidence brought by respondent showed theme of disrespectful and unprofessional attitude towards senior manager – Matter more serious than simple personality conflict – Applicant acted to deliberately exclude senior manager – Also fostered environment with subordinate staff which was derogatory and divisive towards senior manager – Significant applicant steward of respondent’s assets and funds – Respondent’s loyalties misplaced – E-mail correspondence with co-worker evidence of unfaithful service – Respondent correct to have concluded that lost trust and confidence in applicant – Dismissal justified – UNJUSTIFIED DISADVANTAGE – Claimed suspension raised for first time at investigation meeting – No discussion with applicant before suspension – Suspension unjustified – Applicant suffered anxiety and embarrassment as result of suspension – BREACH OF CONTRACT – Applicant claimed bonus unreasonably withheld – Bonus discretionary – Bonus revoked due to applicant's performance – Claim dismissed – Branch manager |
| Result | Application dismissed (Unjustified dismissal and Breach of contract) ; Application granted (Unjustified disadvantage) ; Compensation for humiliation etc ($2000)(Unjustified disadvantage) ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 20 |
| PDF File Link: | aa 164_07.pdf [pdf 69 KB] |