| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 517 |
| Hearing date | 19 Aug 2013 |
| Determination date | 13 November 2013 |
| Member | J Crichton |
| Representation | R McNaughton ; P Swarbrick |
| Location | Hamilton |
| Parties | Paki v The Warehouse Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct - Applicant claimed unjustifiably dismissed by respondent – While operating checkout applicant gave incorrect change to customer, argued with customer and continued arguing after supervisor instructed applicant to withdraw and apologise |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Applicant acknowledged behaviour serious misconduct and reasonable for respondent to move on and address consequences of behaviour rather than conduct further enquiries. Applicant trained by respondent on how to behave and received and signed house rules but commenced argumentative exchange with customer and persevered when told to stop by supervisor. Respondent determined behaviour serious misconduct and entitled to reach conclusion even if applicant hadn’t conceded point. Respondent considered applicant’s pleas in mitigation and responded specifically to each matter. Respondent entitled to take into account previous disciplinary issues and informed applicant of this intention. Open to respondent to conclude dismissal only possible outcome in circumstances. Process adopted by respondent standard disciplinary process informed by best practice and respondent’s decision making measured and fair minded. Dismissal justified. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | Pacific Blue Employment & Crewing Ltd v B [2010] NZEmpC 112;Paki v The Warehouse Ltd [2013] NZERA Auckland 482 |
| Number of Pages | 10 |
| PDF File Link: | 2013_NZERA_Auckland_517.pdf [pdf 174 KB] |