| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 143/07 |
| Hearing date | 23 Oct 2007 |
| Determination date | 25 October 2007 |
| Member | D Asher |
| Representation | G Ogilvie ; C Matsis |
| Location | Wellington |
| Parties | Short v Resource Holdings Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Respondent sent applicant home for arriving at work late and drunk - Applicant claimed had few drinks, but not drunk - Previous evening applicant arrived smelling of alcohol but without appearing intoxicated - Applicant suspended and both incidents investigated - After speaking with other employees respondent concluded applicant turned up for work drunk - Told applicant dismissed but did not relay basis of decision, particularly information from other staff - Respondent's investigation egregiously defective - Without full and fair investigation respondent could not show decision was that of fair and reasonable employer - Dismissal unjustified - Remedies - Authority satisfied applicant actively sought new employment for 25 weeks - Short duration of employment would have warranted $6,000 compensation - Significant fault on both parties - Applicant had not met obligations to employer - While no policy in place, not unreasonable for respondent to require employees to abstain from alcohol for significant period before work - Applicant's casual handling of keys another significant breach of good employee obligations - Contributory conduct 50 percent - Also entitled to pay while suspended - Authority noted respondent knew applicant arrived at work by car and responsible employer would have either driven applicant home or arranged public transport - PENALTY - Respondent accepted breached obligation to provide written employment agreement - Penalty appropriate - Respondent claimed provide applicant with reasons for dismissal - Evidence of letter sent to applicant and no support for applicant's claim letter an subsequent invention - Claim for second penalty not made out - ARREARS OF WAGES - Applicant entitled to be paid in full for final week - Leave reserved on second arrears claim - Motel manager |
| Result | Application granted ; Reimbursement of lost wages (Quantum to be determined) ; Compensation for humiliation etc ($6,000 reduced to $3,000) ; Penalty ($1,000)(Payable to Crown) ; Arrears of wages (Quantum to be determined) ; Orders accordingly ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s65;ERA s120;ERA 135(2)(b) |
| Cases Cited | Singh v Sherildee Holdings Ltd t/a New World Opotiki unreported, Couch J, 22 September 2005, AC 53/05 |
| Number of Pages | 8 |
| PDF File Link: | wa 143_07.pdf [pdf 29 KB] |