| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 109/09 |
| Hearing date | 23 Mar 2009 |
| Determination date | 21 July 2009 |
| Member | P Montgomery |
| Location | Nelson |
| Parties | Connew v A & P Balck |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL – Misconduct – Applicant claimed suspension and dismissal for false theft allegation unjustified – Respondent argued followed proper procedures – Respondent discovered fuel can and garden hose in applicant’s accommodation and believed applicant had stolen petrol – Disciplinary meeting held, applicant issued with written warning to improve attitude but theft allegation not mentioned – Respondent requested applicant resign from employment but applicant declined - Respondent instructed applicant to attend second disciplinary meeting regarding theft allegation before suspending applicant – At second meeting applicant explained can contained diesel siphoned from friend’s ute to light bon fire – Meeting closed with response from respondent to applicant’s explanation – Applicant summarily dismissed – Authority found respondent’s alleged theft investigation poor and failed to establish facts to support allegation – Found respondent should have requested independent investigator to establish facts and then carry out investigation in employment setting – Found respondent not entitled to suspend applicant under employment agreement – Disadvantage unjustified – Dismissal unjustified – REMEDIES – No contributory conduct – Reimbursement of one weeks lost wages – Found $5,000 global compensation for humiliation appropriate – ARREARS OF WAGES – Authority ordered respondent to pay applicant $115 for arrears of wages – Farmhand |
| Result | Applications granted ; Reimbursement of lost wages ($576.92) ; Compensation for humiliation etc ($5,000) ; Arrears of wages ($115.38) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Number of Pages | 8 |
| PDF File Link: | ca 109_09.pdf [pdf 37 KB] |