| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 312/08 |
| Hearing date | 14 Aug 2008 |
| Determination date | 29 August 2008 |
| Member | V Campbell |
| Representation | R Johnson ; no appearance |
| Location | Tauranga |
| Parties | Johnson v Supa Travel Express Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Misconduct - No appearance by respondent – No written employment agreement – Applicant stuck vehicle in grass at incorrect client address – Applicant given alternative vehicle, which ran out of oil and seized – Applicant reprimanded and told hours worked that day to be deducted from wages – Respondent later said sick of applicant and did not want applicant to work anymore – Respondent argued incidents justified dismissal – Authority found applicant not in breach of employee obligations in either incident – Found applicant sent to incorrect address and not at fault for turning on wet grass – Found engine running out of oil result of mechanical fault, not driver error – Neither incident put to applicant in context of disciplinary enquiry – No procedural fairness – No contributory conduct – Applicant entitled to lost wages and compensation - UNJUSTIFIED DISADVANTAGE – Applicant claimed respondent affected employment to applicant’s disadvantage by requiring applicant to drive unsafe vehicle – Authority found no evidence to suggest anyone knew vehicle would seize – Claim dismissed - ARREARS OF WAGES – Applicant claimed unlawful deduction from and withholding of wages – Authority found no written consent for deduction of hours – Respondent to pay applicant for hours worked – COUNTER-CLAIM – Respondent’s statement of reply counter-claimed for costs relating to towing, repairs to vehicles and lost company property – No evidence to support claim – Claim failed – Driver |
| Result | Application granted (dismissal) ; Application dismissed (disadvantage) ; Reimbursement of lost wages ($1,386)(3 weeks) ; Arrears of wages ($517.17) ; Compensation for humiliation etc ($3,000) ; Disbursements in favour of applicant ($70)(filing fee) |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s124;ERA Schedule 2 clause 12;Wages Protection Act 1983 s4 |
| Cases Cited | Air New Zealand v Hudson [2006] 1 ERNZ 415;Toll New Zealand Consolidated Ltd v Rowe Unreported, Shaw J, 19 Dec 2007, AC 39A/07;White v Auckland District Health Board [2007] 1 ERNZ 66 |
| Number of Pages | 7 |
| PDF File Link: | aa 312_08.pdf [pdf 36 KB] |