| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 122/10 |
| Hearing date | 3 Jun 2010 |
| Determination date | 05 July 2010 |
| Member | D Asher |
| Representation | D O'Reilly ; D Mitchell |
| Location | Wellington |
| Parties | Windsor v Mana Coach Services Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Constructive dismissal – Serious misconduct – 13 year old female complainant alleged applicant engaged complainant in conversation and as only passenger stopped bus – Complainant alleged applicant got complainant to change route plan sign, made complainant put cell phone number into applicant’s cell phone, entered contact details into complainant’s phone and took photograph of complainant with cell phone – Respondent advised applicant serious complaint received and suspended applicant on pay – Applicant argued complainant engaged applicant in conversation and took applicant’s phone out while left unattended and put name and number in it – Applicant claimed complainant climbed into driver’s seat and only left seat after applicant allowed complainant to change destination sign – Respondent preferred complainant’s version of events – Applicant informed respondent viewed matter as serious and could result in dismissal – Applicant resigned and also dismissed – Authority found dismissal substantively and procedurally justified – Found applicant provided with clear statements of issues as emerged and process applied by respondent thorough, exhaustive and assiduous – Found applicant given opportunities to provide responses to allegations – Dismissal justified - Driver |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | Air New Zealand v V [2009] ERNZ 185 |
| Number of Pages | 6 |
| PDF File Link: | wa 122_10.pdf [pdf 19 KB] |