Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No [2011] NZERA Auckland 16
Hearing date 12 Oct 2010
Determination date 14 January 2011
Member V Campbell
Representation J Appleby ; R Towner
Location Auckland
Parties Mettrick v Continental Car Services Ltd
Summary UNJUSTIFIED DISMISSAL – Serious misconduct – Manager (“V”) raised with applicant serious problem with car applicant serviced – Error would have resulted in complete failure of brakes if error unnoticed – Applicant invited to attend disciplinary meeting – Applicant reminded of previous similar incident – Applicant claimed bored with job and required more challenging work – Respondent concerned applicant did not take responsibility for mistake – Applicant attended second disciplinary meeting – V claimed applicant continued to refuse to take responsibility for error – Respondent claimed lost trust and confidence in applicant as result of failure to take responsibility for incident – Applicant dismissed – Authority found mistake had potential to cause serious harm to owner of vehicle if not picked up – Found consequences of mistake had potential to seriously damage reputation of respondent – Found respondent acted as fair and reasonable employer – Dismissal justified – Automotive Technician
Result Application dismissed ; Costs reserved
Main Category Personal Grievance
Number of Pages 5
PDF File Link: 2011_NZERA_Auckland_16.pdf [pdf 18 KB]