| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 87 |
| Hearing date | 23 Nov 2012 |
| Determination date | 15 March 2013 |
| Member | T G Tetitaha |
| Representation | S Mitchell ; T P Cleary |
| Location | Whangarei |
| Parties | Hita v Silver Fern Farms Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct - Applicant claimed unjustifiably dismissed by respondent - Applicant swore at supervisor and allegedly failed to follow instruction - Applicant threw meat product near another worker - Allegation speed of production chain too high - Existing warning for tapping knife - Obscene note - Allegation applicant seriously disruptive to plant operations – Boner |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Applicant disrespectful with bad language and attitude but not abusive in circumstances of case. Applicant did not fail to follow instruction. Respondent did not sufficiently investigate allegations prior to dismissal. Respondent did not raise concerns with applicant or give applicant opportunity to respond. Dismissal unjustified. REMEDIES: 50 per cent contributory conduct. Reinstatement not practicable and reasonable. Respondent to pay applicant $6,000 reimbursement of lost wages. $3,000 compensation appropriate. Interest payable. |
| Result | Application granted; Contributory conduct (50%); Reimbursement of lost wages ($6,000.75); Compensation for humiliation etc ($3,000); Interest (5%); Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A(2);ERA s103A(3);ERA s103A(3)(a);ERA s103A(3)(b);ERA s103A(3)(c);ERA s103A(3)(d);ERA s103A(4);ERA s103A(5);ERA s124;ERA s125(2);ERA s128(2);ERA Second Schedule cl11 |
| Cases Cited | Angus v Ports of Auckland Ltd (2011) 9 NZELC 94,015;Clarke v Norske Skog Tasman Ltd [2003] 2 ERNZ 213;Davies v Cityline (NZ) Ltd t/a Stagecoach Auckland unreported, L Robinson, 17 Oct 2006, AA 321/06;Lewis v Howick College Board of Trustees (2010) 7 NZELR 539;Morgan v Cotterill Security Fencing and Gates Ltd unreported, R A Monaghan, 2 Sep 2008, AA 316/08;New Zealand Institute of Fashion Technology v Aitken [2004] 2 ERNZ 340;STAMS v Denhards Bakeries Co (No 2) [1991] 3 ERNZ 941 |
| Number of Pages | 13 |
| PDF File Link: | 2013_NZERA_Auckland_87.pdf [pdf 335 KB] |