| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 189/08 |
| Hearing date | 12 Nov 2008 : 5 Dec 2008 (2 days) |
| Determination date | 12 December 2008 |
| Member | J Crichton |
| Representation | D Goldwater ; W Kerr |
| Location | Christchurch |
| Parties | Gallagher v Interior Drywall Systems Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Misconduct - Three month’s employment - Applicant previously employed by respondent’s governing director (“R”) - Previous employment marred by timekeeping issues - Respondent claimed sought assurances similar issues would not reoccur before applicant employed with respondent - R became concerned about applicant’s timekeeping with respondent - Applicant given verbal warning, with general warning given to all staff - R claimed before written warning issued became aware of claims applicant intimidated other staff - R decided to dismiss applicant because of intimidation - Authority preferred applicant’s supervisor’s recollection of timekeeping as kept contemporaneous record - Authority satisfied timekeeping not as precise as could have been - R right to be concerned and to take steps to address issue - Authority found no evidence of intimidation - Authority found even if applicant asked workmates to cover for him did not intimidate workmates - Authority satisfied dismissal process followed no proper procedure and unfair - Applicant given no opportunity to respond to allegations or put things right - Dismissal unjustified - Remedies - Authority concluded timekeeping failure contributed towards situation that gave rise to personal grievance even though not ground for dismissal itself - Found 33.3 percent contributory conduct - Considering contributory conduct four weeks lost wages and $2,000 compensation appropriate - COSTS - Successful personal grievance claim - Two day investigation meeting - Applicant sought costs to be fixed on daily tariff basis - Respondent sought to have costs lie where they fall - Authority found nothing to discourage Authority from considering matter on daily tariff basis - Calderbank offer not considered as made well before parties engaged in preparation for investigation meeting - In all circumstances costs award of $2,000 appropriate - Plasterer |
| Result | Application granted ; Reimbursement of lost wages (4 weeks) ; Compensation for humiliation etc ($2,000) ; Costs in favour of applicant ($2,000) |
| Main Category | Personal Grievance |
| Number of Pages | 11 |
| PDF File Link: | ca 189_08.pdf [pdf 36 KB] |