| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2011] NZERA Christchurch 7 |
| Hearing date | 29 Jun 2010 |
| Determination date | 14 January 2011 |
| Member | M B Loftus |
| Representation | D Little (in person) ; J Te Amo, A Te Amo |
| Location | Christchurch |
| Parties | Little v Silver Service Skips Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed by respondent – Parties agreed company employer rather than individual director – Director claimed isolation key not left in truck and could not find it – Applicant conducted unsuccessful search for key upon arrival at work – A replacement key ordered and installed – Applicant found key in tool box but told respondent found on ground – Applicant concerned set up by colleagues – Applicant suspended for missing key – Applicant spoke to organisation offering assistance to dismissed employees who attempted to negotiate deal with respondent – Applicant claimed gave no authorisation to negotiate deal – Applicant attended disciplinary meeting and subsequently dismissed – Respondent claimed applicant tampered with company property and resulted in direct cost – Respondent claimed allegations against colleagues damaged staff morale – Respondent claimed applicant lost key and tried to cover up with contradictory explanations – Authority found investigation incomplete – Found respondent failed to consider genuine mistake as to inconsistent statements about where key found – Found respondent failed to question colleagues about incident – Found investigation far from complete and outcome predetermined – Dismissal unjustified – REMEDIES – No contributory conduct – Found little evidence to support claim for compensation – $5,000 compensation appropriate – Found applicant sought no other remedy – Driver |
| Result | Application granted ; Compensation for humiliation etc ($5,000) ; No order for costs ; Disbursements in favour of applicant ($70)(filing fee) |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Number of Pages | 8 |
| PDF File Link: | 2011_NZERA_Christchurch_7.pdf [pdf 26 KB] |