| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 100/09 |
| Hearing date | 23 Jan 2009 - 23 Feb 2009 (2 days) |
| Determination date | 31 March 2009 |
| Member | R A Monaghan |
| Representation | S Harris-Scoble ; E Briggs, R Tierney |
| Location | Auckland |
| Parties | Argue v Premier Horse Transport (2007) Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious misconduct – Less than one month’s employment – Applicant took company vehicle for personal use without advising respondent or seeking permission – Applicant dismissed after disciplinary meeting – Applicant argued parties agreed term and condition of employment that applicant had unrestricted personal use of vehicle – Respondent denied agreement – Authority found such entitlement inherently unlikely - Applicant had requested permission twice previously for personal use of vehicle - No term and condition of employment of unrestricted personal access to vehicle – Found absence of vehicle policy no reason not to seek permission - Authority found applicant did not act as did due to misunderstanding, but was simply careless of obligations – Authority found applicant not formally advised of purpose of meeting, although impact of procedural flaw reduced because applicant advised by colleagues – Found respondent had closed mind as to possible explanation – However, Authority found applicant uncommunicative in disciplinary meeting, declining opportunity to consider and respond to allegations – Found applicant properly represented in disciplinary meeting by support person – Authority considered applicant’s refusal to acknowledge had done anything wrong - Authority concluded procedural flaws did not outweigh applicant’s culpable actions – Dismissal justified – Horse float driver |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Cases Cited | Air New Zealand Limited v Hudson [2006] 1 ERNZ 415;Wellington Road Transport IUOW v Fletcher Construction Co Ltd (1982) ERNZ Sel Cas 59 |
| Number of Pages | 9 |
| PDF File Link: | aa 100_09.pdf [pdf 31 KB] |