| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 541 |
| Hearing date | 17 Jul 2013 |
| Determination date | 26 November 2013 |
| Member | K J Anderson |
| Representation | S Austin ; M Sharma |
| Location | Whakatane |
| Parties | Tiopira and Anor v Aulack Enterprises Ltd |
| Other Parties | Tiopira |
| Summary | UNJUSTIFIED DISMISSAL – Serious misconduct – Applicants claimed unjustifiably dismissed by respondent - Applicant's employed to work on farm – Altercation between farm owner and applicants involved swearing and alleged physical assault – Applicants assigned to new orchard – Whether applicants informed not to come into work Whether applicants aware of disciplinary meeting – Applicants did not attend disciplinary meeting – Applicants dismissed – COUNTERCLAIM – RECOVERY OF MONIES – Respondent sought recovery of monies lost due to loss of orchard work on farm – Respondent claimed damage to reputation - Kiwifruit pickers and pruners |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Applicants aware of requirement to attend disciplinary meeting. Respondents chose not to attend disciplinary meeting. Respondent to take further appropriate steps to ensure applicants attended meeting. Likely deliberate strategy of applicants not to participate in disciplinary meeting. Respondent left to reach decision about termination. Applicants breached good faith. Investigation reasonably conducted. Respondent entitled to conclude applicants engaged in violent acts. Dismissal justified.;COUNTERCLAIM – RECOVERY OF MONIES: Sparse evidence brought to support claim. Inconclusive proof applicants’ actions resulted in financial loss. Insufficient evidence of damage to reputation. No recovery of monies. |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A)(b) - ERA s103A - ERA s103A(2) – ERA s103A(3) – ERA s103A(3)(a) - ERA s103A(3)(b) - ERA s103A(3)(c) - ERA s103A(3)(d) |
| Cases Cited | Airline Stewards and Hostesses of New Zealand IUOW v Air New Zealand Ltd (1990) ERNZ Sel Cas 985 ; [1990] 3 NZLR 549;Amatal Fishing Co Ltd v Morunga [2002] 1 ERNZ 692;George v Auckland Council [2013] NZEmpC 179;Irvines Freightlines Ltd v Cross [1993] 1 ERNZ 424;NZ (With Exceptions) Food Processing etc IUOW v Unilever New Zealand Ltd (1990) ERNZ Sel Cas 582;Radius Residential Care Limited v McLeay [2010] ERNZ 371Amatal Fishing Co Ltd v Morunga [2002] 1 ERNZ 692 |
| Number of Pages | 16 |
| PDF File Link: | 2013_NZERA_Auckland_541.pdf [pdf 265 KB] |