| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 295 |
| Hearing date | 13 Jun 2012 |
| Determination date | 29 August 2012 |
| Member | J Crichton |
| Representation | J Singh (in person) ; no appearance |
| Location | Auckland |
| Parties | Singh v Tandoori Knights Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Authority found respondent had sufficient information to conclude applicant drunk and abusive of patrons and food court manager had made clear to respondent applicant could no longer work at food court – Dismissal justified – ARREARS OF WAGES – Applicant sought arrears of wages – Authority found applicant’s wages paid in full and on time – No arrears of wages |
| Abstract | Applicant claimed unjustifiably dismissed by respondent and sought arrears of wages. No appearance for respondent. Manager of food court (“F”) in which applicant’s work located claimed observed applicant drunk at work on number of occasions and informed respondent. F told respondent applicant must be disciplined and not be drunk in food court again, or removed from premises permanently. F called police to food court after claimed applicant drunk and abusive and terrorising food court customers by reckless and loud behaviour. F informed respondent police had been called and police also spoke to respondent about applicant. Applicant dismissed.;AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Respondent had sufficient information to conclude applicant drunk and abusive of patrons, and F had made clear to respondent applicant could no longer work at food court. Applicant’s behaviour so serious respondent could not reasonably be expected to take any other action than implement dismissal. Dismissal justified.;ARREARS OF WAGES: Applicant’s wages paid in full and on time. No arrears of wages. |
| Result | Applications dismissed; Costs to lie where they fall |
| Main Category | Personal Grievance |
| Number of Pages | 5 |
| PDF File Link: | 2012_NZERA_Auckland_295.pdf [pdf 96 KB] |