| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 253/08 |
| Hearing date | 18 Jun 2008 |
| Determination date | 16 July 2008 |
| Member | Y S Oldfield |
| Representation | H Russ ; T Kinder |
| Location | Auckland |
| Parties | Yuill v G&K Fowler Ltd t/a First Ave Panel and Paint |
| Summary | UNJUSTIFIED DISMISSAL – Respondent’s director (“F”) informed by co-worker applicant using respondent’s premises, equipment, and paint to complete private job on vehicle – Applicant conceded completed private job but argued job organised by co-worker (“M”) with respondent’s permission – Applicant claimed respondent’s disciplinary process defective as not provided opportunity to explain behaviour – M told F had worked on private job with applicant – F argued no action taken against M because age and experience meant could not be held fully responsible – F confronted applicant who admitted worked on private job – F reacted by dismissing applicant immediately – Applicant protested unaware job not authorised – Authority found F retracted dismissal when applicant made protest – Found applicant’s conduct by attending course and reporting for work following day indicated reinstated – Authority rejected applicants argument that suspension unjustified – Found suspension reasonable while explanation investigated – Authority did not accept respondent’s process completely deficient – However, termination letter given to applicant without full opportunity to comment – Dismissal unjustified – Remedies – Authority found undisputed facts indicated serious misconduct – Found not acceptable for applicant as experienced worker to abdicate responsibility to M as most junior worker – Authority did not accept suggestion fair and reasonable employer prepared to accept private job be performed upon M’s instruction - Authority found 100 percent contributory conduct – Qualified tradesman |
| Result | Application granted ; No remedies (100 percent contributory conduct) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Cases Cited | Tisco v Communication and Energy Workers’ Union [1993] 2 ERNZ 779;NZ Electrical etc IUOW v The Car Stereo Co Ltd [1991] 1 ERNZ 183 |
| Number of Pages | 8 |
| PDF File Link: | aa 253_08.pdf [pdf 30 KB] |