| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 14/10 |
| Hearing date | 27 Nov 2009 |
| Determination date | 26 January 2010 |
| Member | J Crichton |
| Representation | T Twomey ; W Jones |
| Location | Christchurch |
| Parties | Manson v Tom Ryan Cartage Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant’s evidence preferred as respondent failed to provide detailed evidence – Applicant fitted tyres from respondent’s workshop on own vehicle without respondent’s consent – Applicant claimed intended to buy tyres if fitted – Claimed tyres did not fit and applicant intended to remove tyres – Applicant contracted pneumonia and went on sick leave therefore tyres remained on vehicle – While on sick leave, applicant received letter from respondent alleging theft – Respondent alleged applicant intended to drive vehicle away with tyres - Applicant explained intended to pay for tyres if fitted – Disciplinary meeting held however applicant precluded from giving explanations – Authority found respondent’s theft conclusion illogical as tyres at respondent’s property and applicant explained no intention to steal – Found disciplinary meeting unjustified as applicant precluded from giving explanations – Dismissal unjustified - UNJUSTIFIED DISADVANTAGE – HEALTH AND SAFETY – Applicant claimed unilateral change of employment agreement (“EA”) caused disadvantage – Respondent sought to change applicant’s working hours, reporting line and removed applicant’s ability to purchase – Applicant subsequently accepted changes without protest – Authority found unilateral changes of EA unjustified and no reasonable basis for changes – Found, however, applicant accepted changes therefore no disadvantage – Applicant claimed respondent’s failure to provide safe working environment caused disadvantage – Applicant contracted pneumonia due to unsatisfactory temperature in workplace – Applicant raised concerns to respondent – Respondent ordered heater however did not install heater and returned heater while applicant on sick leave – Authority found employer’s obligation to provide safe working environment – Found workplace without adequate heating, particularly during Christchurch’s winter, breached health and safety – Unjustified disadvantage – Breach of health and safety standards – REMEDIES – Found no contributory conduct for unjustified disadvantage – Found 50 percent contributory conduct for unjustified dismissal as applicant’s failure to obtain consent to fit tyres contributed to dismissal – $4,000 compensation for disadvantage appropriate – $8,000 compensation for dismissal appropriate - Reimbursement of $8,100 lost wages – Authority commented on respondent’s lack of good faith throughout investigation meeting - Mechanic |
| Result | Applications granted ; Reimbursement of lost wages ($8,100 reduced to $4,050) ; Compensation for humiliation etc ($8,000 reduced to $4,000)(Unjustified dismissal) ($4,000)(Unjustified disadvantage) ; Disbursements in favour of applicant ($70)(Filing fee) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s181 |
| Cases Cited | Honda New Zealand Ltd v New Zealand Boilermakers’ etc Union [1991] 1 NZLR 392 |
| Number of Pages | 11 |
| PDF File Link: | ca 14_10.pdf [pdf 33 KB] |