| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 100 |
| Hearing date | 20 Feb 2013 |
| Determination date | 20 February 2013 |
| Member | A Fitzgibbon |
| Representation | V Shepherd (in person) ; B Quarrie |
| Location | Whangarei |
| Parties | Shepherd v Community Business and Environment Centre Cooperative Society Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL – Serious Misconduct - Applicant claimed unjustifiably dismissed by respondent - Applicant attempted unsuccessfully to speak on issue of personal interest at local Council meeting - Respondent instructed applicant regarding future conduct - At Council forum applicant placed closed zip over mouth, handed out documentation and emptied box of electrical parts on floor – Media coverage - Office Manager |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL: Respondent provided clear direction to applicant on future contact with Council on behalf of respondent and use of respondent’s name in media. Reasonable for respondent to consider applicant acted in breach of instruction and acted in manner that could bring respondent into disrepute. Respondent entitled to suspend applicant. No unjustified disadvantage. Respondent acted in procedurally fair manner. Dismissal justified. |
| Result | Application dismissed; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103(1)(b);ERA s103A;ERA s103A(3);ERA s124;Industrial and Provident Societies Act 1908 |
| Cases Cited | Angus v Ports of Auckland Ltd (2011) 9 NZELC 94,015;Graham v Airways Corporation of New Zealand Ltd [2005] ERNZ 587 |
| Number of Pages | 14 |
| PDF File Link: | 2013_NZERA_Auckland_100.pdf [pdf 262 KB] |