| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 152 |
| Hearing date | 29 Oct 2010 |
| Determination date | 14 April 2011 |
| Member | J Wilson |
| Representation | L Marsters (in person) ; P Chambers |
| Location | Auckland |
| Parties | Marsters v Waitemata Rugby Union & Sports Club Inc |
| Summary | UNJUSTIFIED DISMISSAL - Serious Misconduct - Applicant claimed unjustifiably dismissed by respondent - Respondent's committee engaged private investigator after discovered stocktaking discrepancies and shredded bar sheet - Respondent installed surveillance cameras - Applicant invited to attend disciplinary meeting - Applicant asked for accusations be put in writing - Authority found applicant did not view video footage until made available in investigation meeting - Respondent claimed applicant poured drink behind bar and made no attempt to pay for drink - Applicant summarily dismissed - Respondent claimed offered applicant opportunity to view video footage at club rooms - Found applicant received fully documented breakdown of events about which respondent required explanation - Found applicant disadvantaged by not seeing tapes before required to provide explanations - Found respondent failed to advise applicant of results of further enquiries made - Found applicant not given opportunity to comment on outcome of further enquiries made - Applicant claimed respondent did not take into account applicant's explanations for behaviour - Found conflict of evidence on policies and instructions as to who could go behind bar - Found respondent did not undertake full and fair investigation before deciding applicant guilty of serious misconduct - Found no evidential basis for dismissal - Dismissal unjustified - REMEDIES - Found applicant's laissez-fair attitude led to respondent's concerns and was major factor to circumstances that led to dismissal - 50 percent contributory conduct - 13 weeks reimbursement of lost wages appropriate - $2,500 compensation appropriate - Club Administrator |
| Result | Application granted ; Contributory conduct (50%) ; Reimbursement of lost wages (6 months wages reduced to 13 weeks) ; Compensation for humiliation etc ($5,000 reduced to $2,500) ; No order for costs ; Disbursements in favour of applicant ($70)(Filing fee) |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s124 |
| Number of Pages | 8 |
| PDF File Link: | 2011_NZERA_Auckland_152.pdf [pdf 30 KB] |