| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2012] NZERA Christchurch 32 |
| Hearing date | 2 Dec 2011 |
| Determination date | 22 February 2012 |
| Member | P Cheyne |
| Representation | S McAuslin ; V Purgaric, C Moyle |
| Location | Dunedin |
| Parties | McAuslin v George Weston Foods (NZ) Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by respondent – Respondent regional sales manager (“M”) received complaint about applicant not completing in-store merchandising duties – Respondent territory manager (“J”) sent letter to applicant on day of applicant’s engagement party asking for attendance at meeting to discuss unsatisfactory work performance – M sent applicant further disciplinary letter which set out additional allegation of falsified timesheets – Applicant resigned – Applicant claimed J motivated by desire for revenge against applicant due to involvement in another person’s complaint against J – Authority found no evidence that J had axe to grind with applicant other than concern about standard of work done by applicant – Found document trail demonstrated routine handling of potentially disciplinary matter – Found while J may have been improperly motivated and applicant may have had complete answer to allegation circumstances were such that any employer would have initiated disciplinary investigation just as respondent did – Found timing of first disciplinary letter unfortunate rather than unjustified – Found M did not know of basis on which applicant filled in timesheet – Found in all circumstances known to respondent at time any employer would have initiated second disciplinary allegation – No disadvantage – Merchandiser |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 7 |
| PDF File Link: | 2012_NZERA_Christchurch_32.pdf [pdf 32 KB] |