| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 123/10 |
| Hearing date | 1 Jun 2010 |
| Determination date | 07 July 2010 |
| Member | D Asher |
| Representation | P Cranney, A Connor ; B Scotland |
| Location | Wellington |
| Parties | Joseph v Wellington Combined Taxis Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious misconduct – UNJUSTIFIED DISADVANTAGE – Applicant suspended on pay following complaints about feeding drivers work at expense of others – Applicant claimed unjustifiably disadvantaged as not given opportunity to comment on allegations – Following meeting applicant dismissed – Authority found respondent’s investigation disclosed no evidence of applicant deliberately diverting flow of any work – Found transcript of relevant radio traffic disclosed no evidence of applicant deliberately diverting work – Found fair and reasonable employer would not have found evidence to conclude employee with record and experience of applicant deliberately fed drivers at expense of others – Dismissal unjustified – REMEDIES – No contributory conduct – Found advice of termination reduced applicant to tears – Applicant claimed humiliated by way career in industry of over 50 years brought to end – Found no impracticability to reinstatement – Reinstatement ordered – Reimbursement of 6 months wages appropriate - $11,000 compensation appropriate – Found disadvantage suffered by applicant properly addressed by remedies – Dispatch operator |
| Result | Applications granted ; Reinstatement ordered ; Reimbursement of lost wages (6 months) ; Compensation for humiliation etc ($11,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s125(2) |
| Cases Cited | Air New Zealand v V (2009) 9 NZELC 93;Honda NZ Ltd v NZ (with exceptions) Shipwrights etc Union [1990] 3 NZILR 23 |
| Number of Pages | 11 |
| PDF File Link: | wa 123_10.pdf [pdf 32 KB] |