| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 233 |
| Hearing date | 21 Feb 2012 |
| Determination date | 10 July 2012 |
| Member | K J Anderson |
| Representation | J Allen (In person); A Higgins |
| Location | Hamilton |
| Parties | Allen v The Breuwan Trust t/a The Habour View Hotel Raglan |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Serious Misconduct - Applicant claimed unjustifiably disadvantaged by respondent's actions and unjustifiably dismissed - Authority found actions and behaviour of applicant were such that termination of employment was action that fair and reasonable employer would have taken in circumstances - Respondent's investigation procedurally fair - Dismissal justified - Chef |
| Abstract | Applicant employed by respondent as chef. Applicant claimed unjustifiably disadvantaged by respondent's actions and unjustifiably dismissed. Applicant received verbal warnings for lateness and failure to perform duties appropriately. Parties attended mediation where decided verbal warnings to be removed from applicant's employment record and applicant would assume role of senior chef. Applicant agreed to adhere to respondent's standards and decisions. Respondent claimed applicant continued to refuse to comply with reasonable instructions, disrespectful and argumentative with senior staff, not following correct procedures and behaving in aggressive and confrontational manner. Several meetings were held to address these issues with applicant. Applicant dismissed.;AUTHORITY FOUND -;UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Applicant's actions caused severe disharmony within operation of kitchen leaving respondent with no option but to dismiss applicant. Actions and general behaviour of applicant was such that dismissal was action that fair and reasonable employer would have taken in all circumstances. Respondent's investigation procedurally fair. Dismissal justified. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A (3) - Employment Relations Amendment Act 2010 |
| Cases Cited | Wellington District Hotel etc IUOW v Hawthorne (BH & DG) (t/a Kapiti Convalescent Home) [1988] NZILR 352 |
| Number of Pages | 9 |
| PDF File Link: | 2012_NZERA_Auckland_233.pdf [pdf 171 KB] |