| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 34/08 |
| Hearing date | 27 Sep 2007 |
| Determination date | 02 April 2008 |
| Member | P Cheyne |
| Representation | D Goldwater ; T McGinn |
| Location | Christchurch |
| Parties | Quinn v Metallic Sweeping (1998) Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Misconduct - Employment agreement provided for 12 week probationary period - Employment deemed to be permanent on its satisfactory completion - Unsatisfactory work would result in termination without notice or offer of extended probationary period - Part way through probationary period applicant suffered accident and was unfit for work - Called to disciplinary meeting whilst incapacitated after complaint received - Also discussed purchase of cigarettes on respondent’s account and general issues of poor performance - Respondent investigated but did not speak with complainant personally - Applicant dismissed - Authority found applicant not credible witness - Fair and reasonable employer would have spoken directly to complainant - Dismissal unjustified - REMEDIES - Applicant’s denial of complaint rejected - Also respondent probably would have dismissed applicant for breach of trust for unauthorised cigarette purchase - Dismissal would have been justified - Contributory conduct 100 percent - COSTS - Costs to lie where they fall - Cleaner |
| Result | Application granted ; Costs to lie where they fall |
| Main Category | Personal Grievance |
| Number of Pages | 7 |
| PDF File Link: | ca 34_08.pdf [pdf 29 KB] |