| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2013] NZERA Christchurch 228 |
| Hearing date | 22 May 2013 |
| Determination date | 07 November 2013 |
| Member | M B Loftus |
| Representation | P O'Sullivan (in person) ; T Cleary |
| Location | Invercargill |
| Parties | O'Sullivan v Literacy Training Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Applicant employed to deliver foundation skills programmes to prison inmates - Applicant complained about assessment tool - Assessment carried out by applicant amended by director - Respondent emailed staff regarding policy and applicant responded critically to all email recipients - Alleged non-compliance with company policy, inappropriate and disrespectful statements regarding respondent and personal attacks against managing director |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Respondent put issues in mind to applicant, allowed explanation and considered explanation. Applicant refused to carry out employer’s reasonable directive. Applicant aggravated situation by embarking on inappropriate written campaign and failed to take notice of respondent’s attempts to bring its requirements to applicant’s attention or ameliorate applicant’s behaviour. Respondent entitled to conclude employment relationship no longer sustainable as applicant intent on impeding operation by failing to act as required. Decision to dismiss open to fair and reasonable employer. Dismissal justified. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Cases Cited | Beesley and Hawkins v NZ Clerical Workers Union [1991] 2 ERNZ 616;Poole v Horticulture & Food Research Institute of NZ Ltd [2002] 2 ERNZ 869 |
| Number of Pages | 7 |
| PDF File Link: | 2013_NZERA_Christchurch_228.pdf [pdf 164 KB] |