| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 291/02 |
| Hearing date | 30 Aug 2002 |
| Determination date | 30 September 2002 |
| Member | D King |
| Representation | J Lawrie ; J Rooney |
| Location | Auckland |
| Parties | Jones v Fletcher Challenge Forests Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Wilful disobedience - Applicant requested to stand during shift - Complained about request - Referred to manager - Did not take matter up with manager - Refused to undertake shift - Dismissed after several meetings - Alleged no prior warnings given - Alleged not informed job was in jeopardy - Numerous warnings about sitting during shift - Well aware failure to obey request could have resulted in dismissal - Dismissal open to fair and reasonable employer - Machine operator |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Northern Distribution Union v BP Oil NZ Ltd [1992] 3 ERNZ 483;NZ Printing etc IUOW v Clark & Matheson [1984] ACJ 283;Samuels v Transportation Auckland Corporation Ltd [1995] 1 ERNZ 462;Sky Network Television Ltd v Duncan [1998] 3 ERNZ 917;Wellington Clerical IUOW v College Group Ltd [1984] ACJ 315 |
| Number of Pages | 4 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |