What did Mr O do wrong?
Firstly, there was no written employment agreement.
Secondly, Mr R did not receive any formal training or induction to the job. The only training he received was working alongside other employees. As a result, Mr R relied on the advice from a senior employee and this was the root cause of his loss of job. Whilst towing a car, Mr R had become concerned with noises coming from the car. He stopped the towing truck to investigate, but was directed by the senior employee to carry on. He did and the car suffered damage.
Thirdly, Mr O did not give any opportunity for Mr R to explain his actions. He asserted that he did not care about Mr R’s side of the story. This was procedurally unfair. If Mr R had been given the opportunity to explain what had happened, the situation may have ended in a very different way. Mr R would have told Mr O that he had stopped the truck, but that the senior employee had advised to keep going. The damage to the car was caused by the advice of the senior employee.
Fourthly, Mr O dismissed Mr R without adequate grounds. A reasonable employer would not have dismissed Mr R given that he had simply followed the instructions of a senior employee. However, Mr R was told to “get out and don’t come back”.
Fifthly, Mr O humiliated Mr R abusing him in front of other employees, and by ending his job the way he did.
Sixthly, Mr R was not paid any holiday pay in his final pay. Employees must be paid out the holiday pay that is owing to them in their final pay regardless of the way their employment ends.
Seventhly, the senior employee retained his job. This constituted disparity in treatment. An employer should be consistent when disciplining employees.
Finally, Mr O failed to participate in mediation, and did not attend the investigation meeting of the Authority.
As a result of these breaches, Mr R was entitled to six weeks of lost wages, his unpaid holiday pay, the costs and expenses of the claim, and $5,000 in compensation. A total of $13,716.16.
