| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 69 |
| Hearing date | 29 Aug 2012 |
| Determination date | 27 February 2013 |
| Member | K J Anderson |
| Representation | S McKenna ; R Drake |
| Location | Hamilton |
| Parties | Oliedam v Hamilton Hardware Retail Ltd t/a Mitre Ten Mega, The Base |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct - Applicant claimed unjustifiably dismissed by respondent - Aggressive and overbearing manner - Applicant undertook training in team management and communication skills - Allegation of harassment of three staff members resulting in resignation of two staff members - Senior Salesperson |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Respondent provided applicant with full details of allegations. Behaviour of applicant more probably than not fell within category of verbal bullying or intimidation set out in respondent’s code of ethics. Actions of applicant went beyond giving reasonable and acceptable instructions. Evidence such respondent entitled to conclude applicant’s behaviour serious misconduct. Dismissal of applicant action of fair and reasonable employer in circumstances. Dismissal justified. |
| Result | Application dismissed; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A(2);ERA s103A(3);ERA s103A(4) |
| Cases Cited | W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448; [2001] 3 NZLR 29;Wellington Road Transport etc IUOW v Fletcher Construction Co Ltd (1983) ERNZ Sel Cas 59 |
| Number of Pages | 19 |
| PDF File Link: | 2013_NZERA_Auckland_69.pdf [pdf 297 KB] |