| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 62/08 |
| Hearing date | 23 Apr 2008 |
| Determination date | 09 May 2008 |
| Member | V Campbell |
| Representation | G Ogilvie ; G Ferguson (in person) |
| Location | Wellington |
| Parties | Kainuku v Gary Ferguson t/a Man About The House |
| Summary | UNJUSTIFIED DISMISSAL - Misconduct - Applicant dismissed following fire in customer’s house attributed to his workmanship - Applicant not qualified to install product and had been instructed by respondent to stick with truck duties - Dismissal was action fair and reasonable employer would have taken in circumstances - However, complete absence of procedural fairness meant dismissal unjustified - Remedies - Contributory conduct - Applicant’s actions put life and property at risk - Also jeopardised respondent’s business as breached insurance policy and licence agreement - Likely applicant would have been dismissed following fair process - 100 percent contributory conduct - Entitled to contribution to costs only - Driver |
| Result | Application granted ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Cases Cited | Air New Zealand v Hudson [2006] 1 ERNZ 415;Man O’War Farm Limited v Bree [2003] 1 ERNZ 83;Morris v Christchurch Airport Limited [2004] ERNZ 336;North Island Wholesale Groceries Ltd v Hewin [1992] 2 NZILR 176;NZ Food Processing IUOW v Unilever NZ Ltd [1990] 1 NZILR 35;Telecom New Zealand Ltd v Nutter [2004] 1 ERNZ 315;Waitakere City Council v Ioane [2004] 2 ERNZ 194;Toll New Zealand Consolidated Ltd v Rowe unreported, Shaw J, 19;December 2007, AC 39A/07;X v Auckland District Health Board [2007] 1 ERNZ 66 |
| Number of Pages | 6 |
| PDF File Link: | wa 62_08.pdf [pdf 37 KB] |