| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2014] NZERA Wellington 1 |
| Hearing date | 7 Nov 2013 |
| Determination date | 06 January 2014 |
| Member | T MacKinnon |
| Representation | J Chan (in person) ; M Fennessy |
| Location | Wellington |
| Parties | Chan v S & K Liquor Ltd t/a Miramar Liquorland |
| Summary | UNJUSTIFIED DISMISSAL - Serious Misconduct - Applicant claimed unjustifiably dismissed by respondent - Customer complaint received about applicant - Applicant failed to follow instruction about in store music - Respondent concerned about applicant's attitude - Applicant claimed threatened and bullied by respondent - Applicant emailed customer in response to complaint and called customer rude and self-important" - Duty manager" |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Respondent followed fair process and gave applicant ample opportunity to respond to concerns. Applicant attempted to blame conduct on employer and on customer. Applicant gave respondent no confidence applicant would not repeat such conduct. Dismissal justified. |
| Result | Application dismissed; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A - ERA s103A(3)(a) - ERA s103A(3)(d) - ERA s103A(5) - - ERA s114 |
| Number of Pages | 11 |
| PDF File Link: | 2014_NZERA_Wellington_1.pdf [pdf 188 KB] |