| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 401 |
| Hearing date | 26 Jul 2013 |
| Determination date | 05 September 2013 |
| Member | R A Monaghan |
| Representation | V Raman ; B Smith |
| Parties | Kumar v The Surrey Hotel Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Whether applicant engaged in threatening behaviour towards manager – Whether applicant accused manager of being racist – Whether applicant angry and threatened to slap manager – Applicant suspended – Previous written warnings – Whether respondent wanted to get rid of applicant – Whether applicant’s behaviour risk to safety of employees – Line cook |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Respondent attempted to obtain more information about events during disciplinary meeting and seeking to return applicant to relevant events not attempt to force admissions from applicant. If respondent’s attempts to bring applicant’s attention to relevant events limited applicant’s ability to explain why related allegations untrue, flaw in process minor. Respondent considered applicant’s explanation genuinely. Respondent not obligated to investigate merits of previous warnings and entitled to find witness accounts of relevant events credible. Respondent’s failure to interview witness again rather than relying on written account minor procedural flaw. Reasonably open to respondent to conclude applicant acted as alleged. Applicant angry and threatened to slap manager. Applicant’s allegations of racism, harassment and bullying against manager unfounded. Applicant’s conduct inconsistent with obligations towards respondent and allegations not fabricated in attempt to get rid of applicant. Dismissal justified. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s103A(3);ERA s103A(5) |
| Number of Pages | 8 |
| PDF File Link: | 2013_NZERA_Auckland_401.pdf [pdf 235 KB] |