| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 363 |
| Hearing date | 7 Aug 2013 |
| Determination date | 14 August 2013 |
| Member | R Larmer |
| Representation | W Newson ; L Wilson |
| Parties | Milne v New Zealand Post Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – Serious Misconduct – Applicant claimed unjustifiably disadvantaged by final written warning issued by respondent - Respondent discovered empty alcohol bottles in car park - Applicant and co-workers identified from video footage as remaining in car park for five hours following end of shift – No evidence applicant consumed alcohol – Respondent claimed applicant’s actions involved disorderly conduct potentially bringing company into disrepute – Mail Officer |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISADVANTAGE: Applicant disadvantaged by respondent’s conclusion of serious misconduct and written warning as ongoing employment less secure should future disciplinary issue arise. Fair and reasonable employer could not conclude applicant engaged in disorderly conduct. Applicant’s actions did not breach respondent’s procedures and respondent had not instructed employees to leave car park at end of shift. Fair and reasonable employer could not in all circumstances conclude applicant’s actions created risk to reputation. Respondent unable to discharge burden of establishing serious misconduct and subsequent final written warning to applicant justified in all circumstances. Applicant unjustifiably disadvantaged. REMEDIES: No contributory conduct. $500 compensation appropriate. |
| Result | Application granted ; Compensation for humiliation etc ($500) ; Costs reserved ; Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Personal Grievance |
| Statutes | ERA;ERA s103A;ERA s123(1)(c)(i) |
| Number of Pages | 8 |
| PDF File Link: | 2013_NZERA_Auckland_363.pdf [pdf 221 KB] |