| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 120/10 |
| Hearing date | 25 May 2010 - 27 May 2010 (2 days) |
| Determination date | 30 June 2010 |
| Member | P R Stapp |
| Representation | G Lloyd ; T Cleary |
| Location | Wellington |
| Parties | Foai v Air New Zealand Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Respondent discovered issue about applicant using other employees’ initials to authorise own overtime - Following investigation and disciplinary process respondent concluded applicant not at work on four days claimed overtime - Respondent concluded applicant paid himself for days most likely did not work - Respondent found applicant’s conduct serious misconduct causing loss of trust and confidence - Applicant dismissed - Respondent also found three other allegations amounted to misconduct but not serious misconduct warranting dismissal - Applicant claimed had approval to work overtime from supervisor (“F”) - F denied claim - Applicant’s claim resulted in respondent conducting investigation into F - Applicant claimed disparity of treatment between himself and F - Authority rejected claim - Found two cases capable of being treated separately - Found F was at work and working while applicant was not - Found applicant represented throughout process - Found allegations put to applicant and additional information given - Found applicant given time to respond and reply, including on proposed outcome of dismissal - Found respondent made clear was dismissing applicant for overtime issue and not other three allegations - Found even if respondent’s conclusions about other three allegations wrong did not effect dismissal decision as was based on overtime issue - Found respondent came to honestly held belief applicant not at work on four days - Authority satisfied applicant’s evidence not entirely reliable - Authority satisfied evidence respondent relied upon sufficient to meet gravity of allegation on balance of probabilities - Authority satisfied fair and reasonable employer would have concluded action amounted to serious misconduct causing loss of trust and confidence - Found open to respondent to dismiss applicant - Dismissal justified - Issues to do with overpayment of pay and withholding of final pay reserved - Time and Attendance Administrator |
| Result | Application dismissed ; Orders made ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;Wages Protection Act 1983 s6 |
| Number of Pages | 13 |
| PDF File Link: | wa 120_10.pdf [pdf 40 KB] |