| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 247 |
| Hearing date | 4 Jun 2013 |
| Determination date | 12 June 2013 |
| Member | J Crichton |
| Representation | A Sudh (in person) ; D Jenkins |
| Location | Auckland |
| Parties | Sudh v Geordis Wilson New Zealand Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – New Zealand Customs (“Customs”) audited applicant’s work following serious error – Customs uncovered further errors and opined applicant’s work not up to acceptable standard – Applicant threatened not to complete work following written warning – Dispute over first meeting and whether applicant raised personal grievance by letter – Respondent withdrew warning - Applicant refused to engage in disciplinary process – Applicant suspended during investigation - Customs broker |
| Abstract | AUTHORITY FOUND-;UNJUSTIFIED DISMISSAL: Respondent acknowledged mixed message given at first meeting and sought to address errors. First meeting did not invalidate whole process. No grievance raised by letter. Threat in letter inappropriate. Applicant’s refusal to attend disciplinary meeting failure to engage actively and constructively. Applicant given proper opportunity to be heard. Respondent correctly set out allegations. Applicant’s refusal to obey reasonable instruction and engage with respondent serious. Dismissal justified. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4 – ERA s4(1A)(b) |
| Cases Cited | Radius Residential Care Ltd v McLeay [2010] NZEmpC 149;Simpson Farms Ltd v Aberhart [2006] ERNZ 825;Jaura v Ministry of Social Development [2013] NZERA Auckland 122 |
| Number of Pages | 11 |
| PDF File Link: | 2013_NZERA_Auckland_247.pdf [pdf 250 KB] |