| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 179/10 |
| Hearing date | 14 Oct 2010 |
| Determination date | 04 November 2010 |
| Member | D Asher |
| Representation | K O'Sullivan ; D Mitchell |
| Location | Wellington |
| Parties | Temarama v Mana Coach Services Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Applicant dismissed for failing to report to work on time or notify operations staff of lateness – Applicant claimed termination invalid because disciplinary process conducted in bus not office as required by collective employment agreement (“CEA”) – Applicant frequently late to work and failed to report lateness – Applicant issued with formal written warning – Applicant subsequently issued with final written warning when late to work and did not report lateness to operations staff – Respondent rejected applicant’s claim son in hospital and delayed by road works – No road works in area – Disciplinary meeting conducted in bus – Authority found had meeting been conducted in office dismissal would likely be justified – Found respondent failed to adhere to CEA – Found respondent unfairly and unreasonably dismissed applicant – Dismissal unjustified – REMEDIES – 100 percent contributory conduct – Applicant sought reinstatement – Found reinstatement not practicable due to poor work attendance and dishonest conduct in attempting to explain lateness to work – Applicant sought compensation because respondent failed to show compassion by dismissing applicant while son in hospital – Found applicant entirely responsible for dismissal – No compensation payable – Applicant sought lost wages – Found applicant made no effort to mitigate losses – No lost wages payable – Driver |
| Result | Application granted ; Contributory conduct (100%) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s125;ERA s157 |
| Cases Cited | Air New Zealand Ltd v V (2009) 9 NZELC 93,209;Allen v Transpacific Industries Group Ltd (t/a “Mediasmart Ltd”) (2009) 6 NZELR 530;Fuel Espresso Limited v Hsieh [2007] NZCA 58;New Zealand Tramways Union (Wellington Branch) v Wellington City Transport (t/a Stagecoach New Zealand) [2002] 2 ERNZ 435 |
| Number of Pages | 8 |
| PDF File Link: | wa 179_10.pdf [pdf 28 KB] |