| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2011] NZERA Wellington 6 |
| Hearing date | 27 Jul 2010 |
| Determination date | 26 January 2011 |
| Member | P R Stapp |
| Representation | S O'Sullivan, S Coxhead ; M Beech, A Scott, H Sutherland-Stacey |
| Location | Hamilton |
| Parties | Keogh v Channor NZ Ltd |
| Summary | UNJUSTIFIED DISMISSAL – UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably dismissed by respondent – Applicant suspended pending outcome of investigation into unauthorised transfer for funds, unauthorised accessing of director’s telephone messages, undisclosed charging of interest on sale of apartment and unauthorised expenditure charged to respondent – Matters referred to police – Applicant advised of further allegations including questionable purchase and GST, unauthorised withdrawals of money, lease of car parking, accommodation costs, two salary payments and continuation of pay after reduction in pay – Applicant declined to attend meeting because claimed prejudiced given police complaint and needed more time to prepare – Applicant dismissed – Authority found applicant not put on proper notice of likelihood of suspension – Found no terms agreed between parties on any provision for suspension – Found respondent had genuine concerns about applicant and matters serious – Found applicant remained on full pay and given opportunity to respond to allegations and to obtain independent legal advice – Found applicant not disadvantaged by suspension – No disadvantage – Found decision to dismiss made without respondent providing applicant with details of respondent’s findings and reasons – Found respondent reasonably concluded response from applicant’s lawyer full response – Found respondent instructed lawyers to follow up with applicant in writing with reasons – Found sufficient applicant put on notice of matters at issue and seriousness of matters – Found applicant had reasonable opportunity to attend meetings – Found applicant put on notice that failure to attend could mean respondent would make decision on information at hand – Found respondent gave applicant no input on any alternatives to dismissal – Found respondent accepted some of applicant’s explanations but still claimed lost trust and confidence in applicant – Found police complaint entirely separate matter – Dismissal unjustified – REMEDIES – 100 percent contributory conduct – No remedies awarded – ARREARS OF BONUS AND HOLIDAY PAY – Applicant claimed unpaid holiday pay and bonus – Found bonus only payable after respondent’s bank debt cleared – Found debt not cleared – Found applicant not entitled to bonus payments – Found no holiday pay records kept – Found applicant responsible for keeping records – Found applicant took paid leave for various holidays – Applicant claimed required to take phone calls while on leave – Found claim not supported by sufficient evidence – No arrears owing |
| Result | Application dismissed (unjustified disadvantage) (arrears of bonus and holiday pay) ; Application granted (unjustified dismissal) ; Contributory conduct (100%) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Number of Pages | 12 |
| PDF File Link: | 2011_NZERA_Wellington_6.pdf [pdf 41 KB] |