| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 326/07 |
| Hearing date | 19 Jul 2007 |
| Determination date | 17 October 2007 |
| Member | M Urlich |
| Representation | A Jackson ; J O'Connell |
| Location | Auckland |
| Parties | MacDonald v Brake & Transmission New Zealand Ltd |
| Summary | UNJUSTIFED DISMISAL – Misconduct – Applicant dismissed for misuse of company vehicle – Respondent received number of complaints about applicant’s use of vehicle from public, customers and police – Dismissed after disciplinary process when further customer alleged applicant “tailgated” him – Applicant claimed drove carefully and lawfully and complaints baseless – Respondent relied on earlier final warning issued to applicant – Respondent’s concerns clearly notified to applicant and Authority satisfied warning justified and fairly relied on during disciplinary investigation – Applicant advised of new complaint and that disciplinary process would take place – Respondent declined request for mediation as still investigating complaint – Not unreasonable given early stage of investigation – Applicant’s allegations of ulterior motivation rejected - Dismissal justified - Sales |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Number of Pages | 10 |
| PDF File Link: | aa 326_07.pdf [pdf 43 KB] |