| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 270/09 |
| Hearing date | 22 May 2009 |
| Determination date | 10 August 2009 |
| Member | R A Monaghan |
| Representation | M Edwards ; J Rooney |
| Location | Auckland |
| Parties | Remmerswaal v Telecom New Zealand Ltd & Ors |
| Other Parties | Casey, Keegan |
| Summary | UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant dismissed for being absent from shifts, claiming payment for time not worked and falsifying timesheets – Second respondent gave permission for applicant to leave early if shift quiet – Rostered staff agreed without authority one person would cover each shift where two people had been rostered on – Applicant failed to complete timesheet for reduced hours worked – Second respondent later given notice of shift arrangement but did not begin investigation immediately – Disciplinary meetings held to address issues – Respondent argued breach of trust in failing to work full rostered shift without authority and entering incorrect hours in timesheet – Applicant claimed respondent knew of shift arrangement and timesheets were completed incorrectly because of undue pressure to fill them out – Respondent stated actions constituted serious misconduct and dismissal appropriate – Authority found applicant not subject to any form of entrapment in respect of completion of timesheets – Found respondent had no prior knowledge of shift arrangement – Found full and fair enquiry conducted in an appropriately timely way – Found conduct amounted to serious misconduct – Dismissal justified – PENALTY – Applicant sought orders for payment of penalties against second and third respondents in personal capacities for inciting, instigating, aiding or abetting respondents’ breaches of employment agreement – Found accusation unfounded – No order for payment of penalties – Technical analyst |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s134(2) |
| Cases Cited | Airline Stewards & Hostesses of New Zealand IUOW v Air New Zealand Ltd [1990] 3 NZLR 549;Credit Consultants Debt Services NZ Ltd v Wilson & Anor [2007] ERNZ 252;NZ (with exceptions) Shipwrights etc IUOW v Honda NZ Ltd [1989] 3 NZILR 82;The Warehouse Ltd v Cooper [2000] 2 ERNZ 351;Xu v McIntosh [2004] 2 ERNZ 448 |
| Number of Pages | 12 |
| PDF File Link: | aa 270_09.pdf [pdf 39 KB] |