| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2013] NZERA Christchurch 190 |
| Hearing date | 21 Aug 2013 |
| Determination date | 12 September 2013 |
| Member | H Doyle |
| Representation | G Amey ; N Ironside |
| Location | Nelson |
| Parties | Tawaka v Sunrise Cleaning Services (Nelson) Ltd |
| Summary | UNJUSTIFIED DISADVANTAGED - UNJUSTIFIED DISMISSAL - Serious misconduct - Poor performance - Applicant claimed unjustifiably disadvantaged by warning and unjustifiably dismissed by respondent - Applicant failed to perform duties to required standard and used premises laundry for personal use - Applicant dismissed for failing to follow reasonable lawful instruction to complete quality assurance check sheets - Whether conduct serious misconduct or poor performance - ARREARS OF WAGES - Whether applicant entitled to arrears of wages - Parties employment agreement provided two weeks pay in lieu of notice if dismissed for poor performance - Cleaner |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL - UNJUSTIFIED DISADVANTAGE: Authority ordered non-publication of certain information - Applicant knew how to complete check sheets - Final written warning substantively justified - Procedural deficiencies - Final written warning procedurally unjustified as fair and reasonable employer would have raised concerns with applicant. Applicant's failure to complete check sheets issue of performance rather than serious misconduct.. Respondent at risk of losing contract and applicant failed to assure respondent quality assurance check sheets would be completed in future. Applicant unjustifiably disadvantaged by warning. Dismissal justified. REMEDIES: 100 per cent contributory conduct.;ARREARS OF WAGES: Applicant paid for one week in lieu of notice but entitled to additional week pay in lieu of notice. Respondent to pay applicant arrears of wages, quantum to be determined. |
| Result | Applications partially granted; (Contributory conduct (100%); Arrears of wages (quantum to be determined); Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103(2) - ERA s103A - ERA s103A(3) ERA s103A(3)(b) - ERA s103A(3)(c) - s103A(3)(d) - Second Schedule cl10(1) |
| Cases Cited | Butcher v OCS Ltd [2008] ERNZ 367 |
| Number of Pages | 15 |
| PDF File Link: | 2013_NZERA_Christchurch_190.pdf [pdf 255 KB] |