| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 405/07 |
| Hearing date | 12 Dec 2007 |
| Determination date | 19 December 2007 |
| Member | R A Monaghan |
| Representation | A McKay ; no appearance |
| Location | Auckland |
| Parties | Barnes v Apex Transport Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Misconduct - Applicant had accident while driving - Asked to attend meeting - Alleged manager stated would be better if applicant resigned - Applicant left premises but did not want to resign - During later conversation applicant told fired - Respondent submitted applicant dismissed for damaging property - No evidence respondent investigated circumstances of accident or considered appropriateness of dismissal - Dismissal unjustified - Remedies - Applicant subsequently pled guilty to charge of careless driving arising from accident - Argued accident caused by fatigue for which he was not responsible - Circumstances did not excuse applicant entirely - Significant degree of contributory fault - Contributory conduct two thirds - ARREARS OF WAGES AND HOLIDAY PAY - Applicant not paid for final week due to failure to report to work and respondent’s belief he had resigned - Applicant submitted did not report for work as no work made available to him - Respondent in breach of obligation to provide work - Applicant entitled to wages for that period - Arrears due and owing - Driver |
| Result | Application granted ; Reimbursement of lost wages ($5,147.01) ; Compensation for humiliation etc ($2,000) ; Arrears of wages ($1,561) ; Arrears of holiday pay ($128)(Sick pay) ; ($1,132.80)(Holiday pay) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA Second Schedule cl12;Health and Safety in Employment; Act 1992;Transport Act 1962 |
| Cases Cited | New Zealand Police v Barnes, 14 May 2007, CRI 2007-019-1952 |
| Number of Pages | 8 |
| PDF File Link: | aa 405_07.pdf [pdf 27 KB] |