| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2011] NZERA Wellington 156 |
| Hearing date | 20 Jul 2011 |
| Determination date | 13 October 2011 |
| Member | G J Wood |
| Representation | G Ogilvie ; F Lear |
| Location | Wellington |
| Parties | Dahya v Accountants First Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct - Applicant claimed unjustifiably dismissed by respondent when told by respondent’s managing director (“K”) to leave building after discussion about applicant’s hours – Respondent claimed applicant either abandoned or resigned from job – Applicant began working extra hours for month on own initiative - Respondent’s office manager told applicant hours would be decreased and to discuss future overtime with K first – Applicant claimed decision about hours made behind his back and wanted to discuss matter with K – Parties disputed what happened at meeting – Applicant claimed after disagreement about hours respondent told applicant to “get out” and as told to return keys had been dismissed – Applicant sent email next day asking for reasons for dismissal but respondent did not reply – K claimed applicant shouted and swore at meeting before walking out then sent respondent text message requesting final pay – Authority preferred applicant’s evidence of meeting – Found K told applicant to leave building, later sent text requesting return of keys and applicant asked for final pay – Found respondent did not ask applicant to attend work after meeting and did not respond to applicant’s final pay request – Found however applicant not entitled to extra hours per week and raised concerns in inappropriate manner - Found respondent did not undertake proper investigation of applicant’s misconduct – Found fair and reasonable employer would have asked applicant to explain actions in formal disciplinary context before sanctions considered – Dismissal unjustified – REMEDIES – One third contributory conduct - $936 reimbursement of lost wages appropriate - $1,333 compensation appropriate - Credit Controller |
| Result | Application granted ; Reimbursement of lost wages ($1404 reduced to $936) ; Compensation for humiliation etc ($2,000 reduced to $1,333) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s120(2) |
| Number of Pages | 6 |
| PDF File Link: | 2011_NZERA_Wellington_156.pdf [pdf 29 KB] |