| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2014] NZERA Wellington 13 |
| Hearing date | 20 Nov 2013 |
| Determination date | 05 February 2014 |
| Member | P R Stapp |
| Representation | K McClure ; S J Davies |
| Location | Masterton |
| Parties | Moffatt v P A and S C Steens Ltd t/a Steens Honey |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Whether applicant gave honey away without authority – Applicant gave away honey in exchange for fire extinguishers – Whether practice condoned by previous manager – Whether respondent’s general-manager felt threatened when approached applicant to raise concerns – Heated and tense discussion – Applicant suspended – ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – Applicant paid holiday pay while suspended – Whether applicant entitled to overtime payments – Utility leader |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: No unjustified disadvantage grievance raised and applicant’s suspension to be treated as background to unjustified dismissal claim. Suspension of applicant executed poorly. Respondent entitled to raise issue of applicant giving honey away. Applicant gave honey away without obtaining required approval. Fair and reasonable employer could reject applicant’s explanation had authority to give honey away. Decision to dismiss based on applicant giving honey away without authorisation despite some confusion with other issues. Respondent carried out investigation, raised concerns with applicant, gave applicant opportunity to comment and considered applicant’s response genuinely. Dismissal not predetermined. Inadequacies in process not fatal. Respondent entitled to conclude giving honey away without seeking approval serious misconduct going to core of relationship of trust and confidence. Dismissal justified.;ARREARS OF WAGES AND HOLIDAY PAY: Applicant had previously applied for annual leave on days applicant suspended. Applicant not entitled to be reimbursed holiday pay. Payment of overtime discretionary and on top of applicant’s salary. No arrears of wages and holiday pay. |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A(2);ERA s103A(3)(a);ERA s103A(3)(b);ERA s103A(3)(c);ERA s103A(3)(d);ERA Second Schedule cl 11;Judicature (Prescribed Rate of Interest) Order 2011 |
| Number of Pages | 14 |
| PDF File Link: | 2014_NZERA_Wellington_13.pdf [pdf 182 KB] |