| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 145/10 |
| Hearing date | 26 Aug 2010 |
| Determination date | 10 September 2010 |
| Member | G J Wood |
| Representation | L Nolan ; no appearance |
| Location | Wellington |
| Parties | Maikuku v S.T.L. Linehaul Ltd |
| Summary | UNJUSTIFIED DISMISSAL – No appearance for respondent – Applicant claimed unjustifiably dismissed when told by respondent that was “finished” for using company truck as taxi service and was redundant – Respondent appeared to argue real reason for dismissal was redundancy – Authority found no good cause for respondent’s failure to attend or be represented – Applicant claimed use of company truck at least implicitly if not explicitly condoned by respondent for trip – Respondent called applicant and stated you’re not fired you’re redundant – Applicant wrote to respondent seeking reasons for dismissal – Respondent sent applicant letter stating employment terminated because of redundancy – Subsequently respondent laid complaint with Police – Police declined to take complaint further – Authority found fact another staff member employed within week of applicant’s alleged redundancy evidence that negated respondent’s claim – Found no consultation with applicant about redundancy – Found unusual to lay complaint with Police for theft as servant in relation to genuine redundancy – Found applicant summarily dismissed because allegedly took truck home without permission – Found applicant’s explanation quite clearly believable and would have been accepted by fair and reasonable employer – Found fair and reasonable employer would have clearly set out allegations and given applicant opportunity to explain – Dismissal unjustified – Remedies – No contributory conduct – Found applicant very embarrassed when found out complaint laid and shattered by dismissal – Reimbursement of lost wages awarded - Found $10000 compensation appropriate – 11 years length of service – Truck Driver |
| Result | Application granted ; Reimbursement of lost wages ($11,690.00) ; Compensation for humiliation etc ($10,000) ; Expenses ($70) |
| Main Category | Personal Grievance |
| Statutes | ERA s181;ERA s182;ERA Schedule 2 Clause 12 |
| Number of Pages | 7 |
| PDF File Link: | wa 145_10.pdf [pdf 27 KB] |