| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 136/07 |
| Hearing date | 16 Oct 2007 |
| Determination date | 12 November 2007 |
| Member | P Montgomery |
| Representation | A McRae ; T Maguire |
| Location | Christchurch |
| Parties | Ayers v Quad 2000 Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Misconduct - Applicant summarily dismissed when respondent thought smoking cannabis at work - Claimed actually smoking roll-your-own cigarette - Respondent's director searched car at time but found no evidence to support allegation - Full inquiry may have established one of other employees responsible for smell on applicant's clothing - While search of vehicle practical step to take it fell well short of what fair and reasonable employer would have done in circumstances - Dismissal unjustified - Remedies - Applicant sought 20 weeks lost wages but Authority mindful respondent modest enterprise and award as sought could bring heavier burden than warranted - COSTS - ï¾½ day investigation meeting - Applicant sought costs of $4,000 - Claimed additional time necessary due to respondent's lack of co-operation - Appropriate to award $2,200 contribution to costs - Plasterer |
| Result | Application granted ; Reimbursement of lost wages ($7,280)(13 weeks) ; Compensation for humiliation etc ($4,500) ; Holiday pay ($92.47) ; Costs in favour of applicant ($2,200) |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Cases Cited | Auckland City Council v Hennessy [1982] ACJ 699 (CA);PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808 |
| Number of Pages | 5 |
| PDF File Link: | ca 136_07.pdf [pdf 30 KB] |