| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 274/09 |
| Hearing date | 28 May 2009 - 29 May 2009 |
| Determination date | 12 August 2009 |
| Member | J Wilson |
| Representation | L Keys ; J Rooney |
| Location | Auckland |
| Parties | Salton v Pacific Blue Employment & Crewing Ltd |
| Summary | UNJSUTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant claimed respondent’s decision to suspend applicant made without providing applicant opportunity to respond – Claimed subsequent dismissal unjustified – Complaint made against applicant by co-worker (“D”) alleging unusual procedure by applicant regarding media players on flight – D questioned passengers and received response from seven passengers that received players but not given receipts – Applicant claimed earlier incident where publically censured D’s inappropriate behaviour reason D laid complaint – Respondent argued collected relevant information and interviewed D and other cabin crew present on flight – Respondent met with applicant and after initial discussion applicant suspended – Respondent had second meeting with applicant where discussed evidence gathered from interviews – Respondent had third meeting with applicant where applicant provided opportunity to respond to allegations – Respondent arranged fourth meeting with applicant where decision to dismiss applicant made – Authority found decision to suspend made prior to discussion with applicant – Found decision to suspend did not need to be made so precipitately – Found suspension unjustified – Found applicant given ample opportunity to respond to allegations – Found respondent made available copies of interview notes to applicant – Found respondent’s actions those of fair and reasonable employer – Dismissal justified – REMEDIES – No contributory conduct – Found unjustified suspension caused applicant unnecessary humiliation and embarrassment – Found level of hurt and humiliation relatively low – $1500 compensation appropriate – Flight attendant/Cabin supervisor |
| Result | Application granted (Disadvantage) ; Application dismissed (Dismissal) ; Compensation for humiliation etc ($1,500) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s124 |
| Cases Cited | Air New Zealand Ltd v V [2009] ERNZ 185;Graham v Airways Corp of NZ [2005] ERNZ 587 |
| Number of Pages | 11 |
| PDF File Link: | aa 274_09.pdf [pdf 37 KB] |