| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 157/10 |
| Hearing date | 21 Jul 2010 |
| Determination date | 01 October 2010 |
| Member | P R Stapp |
| Representation | G Ogilvie ; J Holden, S Rogers |
| Location | Wellington |
| Parties | Sprang v Chief Executive Department of Internal Affairs |
| Summary | UNJUSTIFIED DISMISSAL – Previously applicant employed under arrangement to work for respondent where agency paid applicant upon receipt of invoices – Applicant received double payments from respondent and agency – Respondent discovered discrepancy and applicant paid money back to agency – Investigation and subsequent disciplinary process carried out by respondent – Applicant dismissed – Authority found applicant queried respondent over when would be paid not when employed – Found probable applicant knew had been employed by respondent and knew start date – Found applicant knew when submitted timesheets was employed by respondent – Respondent’s manager (“H”) took over disciplinary process and obtained delegation to deal with matter – H concluded applicant’s story unbelievable and applicant must have known had “double dipped” and did nothing to try rectify problem – H found applicant’s actions serious misconduct – Applicant dismissed – Applicant argued on its own matter not deserving of dismissal – Argued facts did not support applicant knowingly and deliberately submitting two time sheets – Found respondent’s justification for applicant’s dismissal based on findings applicant deliberately and knowingly put in timesheets for pay from agency at same time paid by respondent – Found not simply matter of overpayment as claimed by applicant – Found applicant made conscious decision to put in two timesheets to agency when knew paid by respondent – Respondent described applicant’s actions as lack of integrity and breach of trust and confidence – Found even if wrong applicant had genuinely not known paid twice there would have been contribution issue – Found no predetermination as H independent decision maker – Authority rejected argument applicant bullied during investigation meeting – Found no prejudice to applicant when met respondent without lawyer – No unjustified dismissal – Administration assistant |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Number of Pages | 12 |
| PDF File Link: | wa 157_10.pdf [pdf 33 KB] |