| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 262/09 |
| Hearing date | 24 Mar 2009 - 25 Mar 2009 (2 days) |
| Determination date | 05 August 2009 |
| Member | V Campbell |
| Representation | T Oldfield ; A Hope |
| Location | Auckland |
| Parties | Edmonds v Te Kura Kaupapa Motuhake O Tawhiuau |
| Summary | UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant to ensure swimming pool ready for commencement of school year – Respondent alleged applicant failed to have swimming pool ready, misled staff as to water condition and exposed children to health and safety risk by allowing them to swim in pool – Applicant dismissed – Applicant claimed dismissal unjustified – Authority found staff had authority to close pool due to danger – Found applicant did not mislead anyone in relation to state of readiness of pool – Found applicant’s actions did not amount to serious misconduct – Found actions only amounted to failing to perform job to appropriate standard – BREACH OF CONTRACT – Applicant claimed respondent breached employment agreement in dealing with dismissal – Respondent admitted did not follow steps in employment agreement – Applicant not consulted and dismissed – Found applicant entitled to expect procedures be followed – dismissal unjustified – Found dismissal not attended by any processes that fair and reasonable employer would follow – Applicant entitled to remedies for unjustified dismissal – REMEDIES – Found elements of misconduct contributed to personal grievance – Found 20 percent contributory conduct – Applicant entitled to lost wages reduced by 20 percent to $5,137 – Found compensation appropriate due to small community and announcement in school newsletter of dismissal – Applicant entitled to compensation reduced by 20 percent to $4,000 – PENALTY – Respondent admitted knowledge of requirements under employment agreement but ignored them – Found breach deliberate and penalty of $1,500 warranted – School caretaker |
| Result | Application granted ; Reimbursement of lost wages ($5,137.60) ; Compensation for humiliation etc ($5,000 reduced to $4,000) ; Penalty ($1,500)(Payable to applicant) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA 103A;ERA s124;ERA s134;ERA s136(2) |
| Cases Cited | Air New Zealand v Hudson [2006] ERNZ 415;BP Oil NZ Ltd v Northern Distribution Union [1992] 3 ERNZ 483;Salt v Fell, Governor for Pitcairn, Henderson, Ducie and Oeno Islands [2008] ERNZ 155;Toll New Zealand Consolidated Ltd v Rowe unreported, Shaw J, 19 December 2007, AC39A/07;The Board of Trustees of Te Kura Kaupapa Motuhake O Tawhiuau v Edmonds unreported, Colgan CJ, 8 May 2008, AC14/08;X v Auckland District Health Board [2007] ERNZ 66 |
| Number of Pages | 10 |
| PDF File Link: | aa 262_09.pdf [pdf 42 KB] |