| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 483 |
| Hearing date | 15 Aug 2013 |
| Determination date | 21 October 2013 |
| Member | R A Monaghan |
| Representation | P Mulitalo ; C Eggleston |
| Parties | Fuifui v Pinepac Group Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant claimed unjustifiably dismissed by respondent – Applicant had arrangement that colleague (‘V’) would drive applicant to and from work – V failed to pick up applicant – Applicant one hour late to work - Alleged applicant struck V with stick – Incident observed by supervisor – Whether applicant intended to be playful – Applicant sent home – Applicant attended disciplinary meeting - Supervisor consulted with senior manager about decision - Applicant dismissed - Saw machine operator |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: V’s actions explained applicant’s anger but did not excuse behaviour. Respondent required to undertake investigation. Likely applicant warned dismissal possible. No evidence of pre-determination. Process fair and reasonable. Reasonable to conclude applicant assaulted V. Respondent entitled to conclude serious misconduct occurred. Dismissal justified. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Number of Pages | 9 |
| PDF File Link: | 2013_NZERA_Auckland_483.pdf [pdf 237 KB] |