| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 325/07 |
| Hearing date | 10 Jun 2007 |
| Determination date | 17 October 2007 |
| Member | J Scott |
| Representation | J Watson ; D Ballard |
| Location | Hamilton |
| Parties | Harris v Bay Truck Wash Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Misconduct - Applicant previously alleged unjustifiably dismissed - Mediated settlement provided for applicant’s return - However, prior to return respondent advised applicant could not guarantee safety in workplace - Applicant filed dismissal claim in Authority - Authority initially considered only remedy available was compliance with original settlement - However, respondent’s director indicated would end his life if forced to pay applicant money - Authority decided would not endorse settlement as appeared respondent had not consented - As no settlement, grievance could be investigated - Matter transferred to different Member - Parties interviewed separately - Significant conflict of evidence - Confrontation over applicant’s washing of trucks - Applicant alleged left as considered director becoming abusive - Sought meeting to resolve issues - Subsequently received dismissal letter and final pay - Respondent claimed applicant ignored instructions and took swing at director - Authority did not accept applicant tried to hit director, but concluded both parties at fault over confrontation - Respondent failed to recognise cooling off period required - No fair process - Dismissal unjustified - Remedies - Applicant had no respect for director and ignored instructions - Walking off job not an attempt to de-escalate tension and not conciliatory action - Contributory conduct 25 percent - Lost wages limited as failed to sufficiently mitigate loss - COSTS - Length of investigation meeting not specified - Respondent’s conduct significantly added to applicant’s legal costs - Costs of $4,000 appropriate - Truck washer |
| Result | Application granted ; Reimbursement of lost wages ($7,718.27 reduced to $5.788.71)(3 months) ; Compensation for humiliation etc ($5,000 reduced to $3,750) ; Costs in favour of applicant ($4,000) |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Number of Pages | 13 |
| PDF File Link: | aa 325_07.pdf [pdf 40 KB] |