| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 192/09 |
| Hearing date | 15 Jun 2009 |
| Determination date | 18 June 2009 |
| Member | P Cheyne |
| Representation | D Hayes ; R Parmenter |
| Location | Hamilton |
| Parties | Robertson v Envirowaste Services Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious misconduct – Respondent’s evidence preferred - Applicant claimed unjustifiably dismissed following false serious misconduct allegation – Respondent discovered damage to property and held investigation – Manager (“H”) confirmed applicant driving truck at time of incident after log book and GPS record checked – Applicant on final written warning – H requested applicant attend disciplinary meeting and advised incident may constitute serious misconduct - Applicant claimed at meeting not responsible for damage – H rejected applicant’s claim and dismissed applicant – Applicant claimed predetermination, final written warning substantively unclear and unfair actions by H – Authority found breach of reporting obligations and creating safety risks warranted serious misconduct – Found final written warning substantively clear – Found no evidence to support applicant’s other claims – Dismissal justified – Truck Driver |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 6 |
| PDF File Link: | aa 192_09.pdf [pdf 20 KB] |