| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2011] NZERA Christchurch 77 |
| Hearing date | 26 May 2011 |
| Determination date | 27 May 2011 |
| Member | P Cheyne |
| Representation | R Hancock ; N Bolstad |
| Location | Christchurch |
| Parties | Keeble v Shamrock Pastures Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant dismissed after failing to put oil in farm motorbike – Respondent claimed applicant dismissed after failing to undertake maintenance checks on motorbike resulting in serious damage – Respondent gave applicant three separate written warnings during one week – Respondent denied warnings contributed to dismissal – Authority found dismissal unrelated – Applicant claimed another employee (“X”) not given warning for similar conduct – Authority found X not always on time for milking but other responsibilities meant lateness not breach – Respondent found motorbike seized with no oil – Applicant admitted had not cleaned or serviced motorbike as requested by respondent before took three days off – Authority found respondent told applicant was useless and had 48 hours to leave supplied accommodation – Authority noted respondent highly stressed and working long hours - Respondent accepted applicant not advised of right to assistance or representation in accordance with employment agreement – Authority found respondent did not give any thought to employment agreement when dismissed applicant – Noted respondent failed to notify applicant of specific allegation, seriousness of situation or give opportunity to respond – Found applicant given adequate motorbike maintenance training and could have sought help from respondent - Found respondent’s actions not those of fair and reasonable employer – Dismissal unjustified – REMEDIES – Authority found applicant ought to have serviced motorbike in accordance with respondent’s instructions – 67 percent contributory conduct – Authority noted little evidence of applicant’s humiliation – Found applicant took reasonable steps to find alternative work – Reimbursement of $2,750 lost wages appropriate - $500 compensation appropriate – Dairy Farm Worker |
| Result | Application granted ; Reimbursement of lost wages ($8,250 reduced to $2,750) ; Compensation for humiliation etc ($1,500 reduced to $500) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A)(c);ERA s103A;ERA s128(2) |
| Number of Pages | 6 |
| PDF File Link: | 2011_NZERA_Christchurch_77.pdf [pdf 19 KB] |