| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 376 |
| Hearing date | 19 Aug 2013 |
| Determination date | 22 August 2013 |
| Member | R Larmer |
| Representation | J Noble ; R Harrison |
| Location | Auckland |
| Parties | Kumar v Spotless Facility Services (NZ) Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Applicant left outdoors barbecue unattended at rest home resulting in fire - Applicant claimed raised safety concerns about barbecue with respondent - Applicant claimed Manager said would be no adverse consequences as result of fire - Chef |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Applicant did not update accident register to reflect safety issues or highlight safety concerns during disciplinary meeting. Applicant’s evidence regarding incident contradictory. Unlikely Manager would have told applicant no consequences as result of fire. Respondent genuinely considered applicant’s explanation and had good reason for not accepting it. Respondent’s process fair and reasonable in circumstances. Incident occurred in aged care facility and respondent justified in concluding leaving fire unattended serious misconduct warranting summary dismissal. Dismissal justified. |
| Result | Application dismissed ; No order for costs |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s103A(3)(d) |
| Number of Pages | 11 |
| PDF File Link: | 2013_NZERA_Auckland_376.pdf [pdf 234 KB] |