| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 497/10 |
| Hearing date | 18 Mar 2010 - 14 Apr 2010 (2 days) |
| Determination date | 29 November 2010 |
| Member | Y S Oldfield |
| Representation | C Abaffy ; P Tremewan |
| Location | Auckland |
| Parties | Salega v Wattyl New Zealand Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Respondent claimed told applicant may receive verbal warning following incident involving fork lift – Applicant invited to attend disciplinary meetings – Respondent claimed applicant’s conduct intentional and serious breach of Health and Safety rules – Respondent claimed conduct likely to be repeated – Applicant summarily dismissed – Applicant claimed not clear what factual findings were – Applicant claimed not told basis of conclusion – Authority found respondent should have given applicant opportunity to comment on all information taken into consideration in making decision to dismiss – Found failure undermined fairness of investigation and reliability of conclusions reached – Found applicant unable to give full and informed response – Found without benefit of response respondent could not be sure of conclusion – Dismissal unjustified – REMEDIES – 40 percent contributory conduct – Found reinstatement not practicable given high level of contributory conduct – Found dismissal had severe impact on applicant’s life - $7,200 compensation appropriate – Found applicant still unemployed at time of investigation meeting – Found unreasonable for employer to bear indefinite responsibility for applicant’s joblessness - $11,406.72 reimbursement of lost wages appropriate – UNJUSTIFIED DISADVANTAGE – Applicant claimed suspended pending disciplinary meeting – Respondent claimed applicant not suspended and could return to work – Applicant returned to work – Found reasonable for applicant to construe instruction to go home as suspension – Found applicant effectively suspended – Found no process followed – Suspension unjustified – REMEDIES – Found suspension minimal as only suspended for one day – No compensation warranted - Forklift Driver |
| Result | Application granted ; Compensation for humiliation etc ($12,000 reduced to $7,200)(unjustified dismissal) ; Reimbursement of lost wages ($19,011.20 reduced to $11,406.72)(unjustified dismissal) ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 13 |
| PDF File Link: | aa 497_10.pdf [pdf 35 KB] |