| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 152A/10 |
| Hearing date | 12 Oct 2010 |
| Determination date | 10 November 2010 |
| Member | R A Monaghan |
| Representation | C Bennett ; J Dowden |
| Location | Auckland |
| Parties | Lowndes v Dowden t/a Safeguard Security & Anor |
| Other Parties | NS Security Ltd (Formerly Hibiscus Coast Security Ltd) |
| Summary | UNJUSTIFIED DISMISSAL – Poor performance – Respondent raised concerns applicant failed to complete times of visits to client premises and failed to notice fork hoist left running – Applicant advised probationary period invoked – Respondent claimed applicant responsible for destruction of front wheel of work vehicle, damaging ranch slider door, and causing serious damage to patrol vehicle – Applicant invited to attend meeting – Applicant dismissed at meeting – Authority found concerns raised with applicant but did not progress to point where applicant advised successful completion of probationary period in jeopardy – Found applicant acknowledged concerns and provided explanations – Found applicant entitled to be heard on matters alleged before decision made and employer to approach allegations with open mind – Found respondent failed to adopt suitable warning procedure – Dismissal unjustified – REMEDIES – 33 percent contributory conduct – Applicant guilty of carelessness when using company vehicle – $1,300 reimbursement of lost wages appropriate – Found little evidence of injury to feelings – $1,000 compensation appropriate – Security Officer |
| Result | Application granted ; Contributory conduct (33%) ; Reimbursement of lost wages ($1,300) ; Compensation for humiliation etc ($1,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s67A |
| Cases Cited | Lowndes v Dowden t/a Safeguard Security and Hibiscus Coast Security Limited unreported, R A Monaghan, 1 April 2010, AA 152/10 |
| Number of Pages | 8 |
| PDF File Link: | aa 152a_10.pdf [pdf 23 KB] |