| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 60/10 |
| Hearing date | 8 Feb 2010 |
| Determination date | 11 February 2010 |
| Member | A Dumbleton |
| Representation | D Feist ; K Nicol, S Lorimer |
| Location | Auckland |
| Parties | Ta'Amilo v Computer Transport Services (NZ) Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant claimed unjustifiably dismissed – Respondent argued applicant admitted to serious misconduct therefore dismissal justified – Respondent requested meeting to discuss applicant taking excessive breaks and smoking inside company vehicles – Respondent notified applicant if explanation unsatisfactory, termination possible – Applicant admitted to misconduct allegations – Second meeting held – Applicant confirmed admission to respondent and own representative – Respondent advised applicant’s misconduct brought respondent into disrepute – Applicant dismissed – Authority found first meeting investigative and respondent entitled to hold fact-finding meeting before disciplinary meeting – Found applicant represented at disciplinary meeting and given second opportunity to explain allegations – Found respondent justifiably concerned for reputation – Dismissal justified – ARREARS OF WAGES – Authority declined claim due to insufficient evidence – PENALTY – Applicant sought penalty for respondent unduly pressuring applicant to withdraw from union – Authority found no coercion – Found respondent emailed applicant regarding whether applicant wanted to withdraw from union – Penalty declined – Authority ordered applicant to pay respondent disbursements - Noted applicant’s representative’s unprofessional conduct and would order representative to contribute to expenses if had jurisdiction – Heavy Truck Driver |
| Result | Applications dismissed ; Disbursements in favour of respondent ($175)(Transport costs)(Loss of time) |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Number of Pages | 8 |
| PDF File Link: | aa 60_10.pdf [pdf 30 KB] |