| Summary |
UNJUSTIFIED DISMISSAL - Misconduct – Respondent argued applicant justifiably dismissed for dishonesty having falsified timesheet and lied about whereabouts during paid business hours – Argued applicant accepted in disciplinary meeting that may have told workshop manager (“U”) that had doctor’s appointment – Argued applicant falsely confirmed hours worked to office administrator (“E”) - Applicant claimed advised U of time off, worked late to make up some of time, and alleged respondent did not have time sheet for that day – Applicant called to disciplinary meeting without notice – Respondent presented allegations – Primary allegation that applicant took time off for veterinary appointment during work hours, resulting in customer complaint – By conclusion of meting, respondent concluded applicant misled respondent and dishonest that went to vet not doctor – Applicant summarily dismissed - Authority found respondent failed to advise applicant of purpose of meeting and entitlement to representation – Found applicant dismissed at end of meeting without opportunity to comment or suggest alternative penalty – Found on balance of probabilities, likely applicant admitted giving incorrect information to customer, incorrect information about work hours to E, incorrect information about reasons for absence to U – Found applicant’s behaviour fell short of good faith requirement and undermined trust and confidence, particularly where employee working away from employer’s operational base – Found respondent failed to conduct full and fair enquiry into allegations, failed to fairly consider applicant’s explanations and failed to put preliminary conclusions and proposed penalty to applicant before deciding on course of action – Dismissal unjustified – Remedies – Authority found applicant contributed significantly to circumstances giving rise to grievance – Authority considered if respondent conducted investigation properly, same outcome likely – Found sixty percent contributory conduct appropriate – Awards for reimbursement of lost wages and compensation deducted for contributory conduct – Application for penalty dismissed - Air conditioning electrician |