| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 26 |
| Hearing date | 11 Sep 2014 |
| Determination date | 24 January 2014 |
| Member | K J Anderson |
| Representation | S Austin ; D France |
| Location | Whakatane |
| Parties | Fraser v Whakatane Mill Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious Misconduct - Applicant claimed unjustifiably dismissed by respondent - Respondent claimed dismissal justified as applicant failed to comply with lawful and reasonable instruction - Applicant refused to carry out additional duties when colleague on leave - Training provided - Head storeman |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Consistent and unreasonable position adopted by applicant led respondent to reasonably conclude refusal constituted serious misconduct. Applicant cautioned on several occasions refusal placed employment in jeopardy. Applicant resolutely made it clear applicant would not carry out lawful and reasonable instruction. Parties' employment agreement outlined applicant required to perform additional duties. Applicant acknowledged competent to carry o;ut duties. Dismissal justified. |
| Result | Application dismissed; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A(2);ERA s103A(3) |
| Number of Pages | 12 |
| PDF File Link: | 2014_NZERA_Auckland_26.pdf [pdf 240 KB] |