| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2011] NZERA Wellington 37 |
| Hearing date | 26 Jan 2011 |
| Determination date | 08 March 2011 |
| Member | P R Stapp |
| Representation | K O'Sullivan ; B Scotland, D Gould |
| Location | Wellington |
| Parties | Narayan v Wellington City Transport Ltd t/a Go Wellington |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed dismissed applicant for allegedly receiving cash fares and not issuing tickets correctly – Complainant claimed observed applicant receive cash and not issue tickets to passengers, and leave one ticket in ticket machine and on sell it to another passenger at next stop – Applicant claimed issued tickets to all passengers and accepted ticket in machine which applicant was unable to cancel – Applicant suspended – Ticketing data did not conclusively show whether applicant dishonest or not – Respondent concluded applicant committed serious misconduct based on complainant’s information and that applicant counselled on obligations regarding practice and procedure relating to ticketing and cash fares earlier – Applicant dismissed – Authority found entirely reasonable for respondent to believe complainant – Found respondent reasonably concluded that just because passengers did not complain this was irrelevant because passengers probably not concerned about receiving ticket – Found fair and reasonable employer would have rejected any issue about lack of training because applicant accepted understood process and procedures – Found fair and reasonable employer would not have decided to dismiss applicant because previous complaints considered even though applicant given benefit of doubt at the time and not investigated – Found ticketing report did not establish whether applicant dishonest or not – Found ticketing information consistent with complainant’s observation – Found employer’s investigation thoroughly carried out – Found open to fair and reasonable employer to rely on credibility of complainant – Found fair and reasonable employer would not have included considerations and findings in regard to earlier complaints because no findings reached – Found respondent did reach honestly held belief that allegation had substance but fair and reasonable employer unable to prove to required degree that applicant had been dishonest – Found no proof applicant took any cash – Found no breakdown of trust for dishonesty – Found no basis to conclude applicant failed to look after company money on prior occasions – Dismissal unjustified – REMEDIES – Found applicant’s actions left applicant exposed to suspicion of dishonesty – Found credible witness and audit report showed applicant hesitant to issue tickets – Found trust in applicant at risk – Reinstatement impractical – Found applicant failed to mitigate losses – Found applicant failed to comply with company policy – 100 percent contributory conduct – Bus Driver |
| Result | Application granted ; No remedies awarded ; Contributory conduct (100%) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Number of Pages | 13 |
| PDF File Link: | 2011_NZERA_Wellington_37.pdf [pdf 37 KB] |