| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 130/08 |
| Hearing date | 22 Feb 2008 |
| Determination date | 03 April 2008 |
| Member | R A Monaghan |
| Representation | C Pincham (in person) ; B Spong |
| Location | Auckland |
| Parties | Pincham v Garden Maintenance Services Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Respondent argued applicant dismissed for refusing to carry out work and failing to advise took time off when class cancelled – Applicant previously received two written warnings – Applicant claimed allocated work vehicle with expired warrant of fitness – Respondent argued new warrant obtained on day applicant due to work – Authority found warrant issued day after applicant due to work and respondent unable to explain discrepancy – Second incident where applicant refused instruction to drive van when found licence expired – Applicant argued knew could not be instructed to drive illegal vehicle after watching police reality television programme – Authority found respondent renewed licence on day of complaint but few days before label arrived – Respondent instructed applicant again to take van out and said no work if refused – Applicant then dismissed following dispute over pay – Respondent added dismissal also for “illegal day off” – Authority found applicant granted leave to attend class but went home when got time of class wrong – Found applicant did not report error to respondent – Applicant subsequently given letter outlining dismissal for failure to carry out reasonable instructions and non attendance at work – Authority found applicant’s conduct could be described as low level un-cooperative behaviour – Authority found behaviour following non attendance at class not acceptable – Found not lawful or reasonable instruction to ask applicant to use work vehicle without current licence – Authority found respondent did not raise matters in disciplinary context – Dismissal unjustified – Remedies – Authority found applicant did not recognise own breaches – Authority found applicant’s conduct contributed significantly to fragile state of employment relationship – Applicant sought one year’s reimbursement of lost wages but no evidence provided of any effort to obtain alternative employment – Four weeks reimbursement of lost wages appropriate – $2000 compensation appropriate – Gardener/Landscape labourer |
| Result | Application granted ; Reimbursement of lost wages (4 weeks) ; Compensation for humiliation etc ($2,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | Transport (Vehicle and Driver Registration and Licensing) Act 1986 s5(2);Transport (Vehicle and Driver Registration and Licensing) Act 1986 s5(3) |
| Number of Pages | 8 |
| PDF File Link: | aa 130_08.pdf [pdf 27 KB] |