| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2012] NZERA Wellington 153 |
| Hearing date | 11 Oct 2012 |
| Determination date | 03 December 2012 |
| Member | P R Stapp |
| Representation | J Murphy ; G J O'Sullivan |
| Location | Palmerston North |
| Parties | Wilson v Pet Stay Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct - Applicant claimed unjustifiably disadvantaged by respondent’s actions and unjustifiably dismissed – Authority found applicant on notice if did not attend disciplinary meeting respondent would make decision based on information available to respondent – Found applicant had opportunity to provide explanation in response to allegations and told could ask for further information at meeting – Found respondent’s instruction that applicant attend meeting lawful – Found fair and reasonable employer could have dismissed applicant in circumstances given size of respondent, that only parties were directly involved in allegations and respondent never received applicant’s response to allegations - Application dismissed - Kennel Worker |
| Abstract | Applicant employed as kennel worker. Applicant claimed unjustifiably disadvantaged by respondent’s actions and unjustifiably dismissed. Applicant refused to attend disciplinary meeting at respondent’s request and applicant subsequently dismissed. Respondent director (“F”) requested applicant attend meeting to discuss issues in employment not specified by applicant but no meeting took place. F claimed parties agreed applicant needed to communicate better after some correspondence. Parties’ issues remained unresolved and applicant requested parties arrange meeting. Applicant participated in radio interview and made comments about how unhappy applicant was in employment and with management although did not identify respondent. Respondent claimed applicant involved in incident where applicant threatened to go to SPCA and Department of Labour. F heard about applicant’s radio interview from at least one acquaintance and requested copy of transcript. Respondent requested applicant attend disciplinary meeting and raised concerns including that applicant had criticised respondent, cages were filthy and F could not have conversation with applicant. Parties did not meet. Applicant claimed was willing to attend meeting if respondent provided more information on allegations and had representative present. F claimed no further written information on allegations available and any further information would be covered at disciplinary meeting. Parties agreed meeting would be delayed until applicant could meet with representative. Applicant told respondent would attend rescheduled meeting on condition respondent set out allegations in writing with copies of evidence. Respondent told applicant if did not attend meeting considered applicant had refused to comply with direct instruction from employer and respondent would make decision without applicant’s evidence. Applicant dismissed.;AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Applicant on notice if did not attend meeting respondent would make decision based on information available to respondent. Applicant did not respond to other allegations and applicant’s issues were irrelevant to disciplinary matters raised by respondent. Applicant had opportunity to provide explanation in response to allegations and told could ask for further information at meeting. Respondent’s decision to proceed with investigation and dismiss applicant entirely justifiable. Unreasonable for applicant to put conditions on attendance at meeting as respondent had provided applicant with sufficient information to respond to allegations. Respondent’s instruction that applicant attend meeting lawful. Fair and reasonable employer could have dismissed applicant in circumstances given size of respondent, that only parties were directly involved in allegations and F never received applicant’s response to allegations. Application dismissed |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 11 |
| PDF File Link: | 2012_NZERA_Wellington_153.pdf [pdf 191 KB] |