| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 55 |
| Hearing date | 11 Feb 2014 |
| Determination date | 18 February 2014 |
| Member | A Fitzgibbon |
| Representation | S Leuii (in person) ; K Burson |
| Location | Auckland |
| Parties | Leuii v Regional Facilities Auckland |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Whether applicant failed to seek permission to leave work and failed to record absence on time sheet – Whether applicant sent derogatory texts to manager during disciplinary investigation – Warnings for failure to follow proper procedures when absent from work, when leaving rostered shift and when submitting timesheets – Final written warning for sending threatening and intimidating e-mail to manager – COUNTERCLAIM – PRACTICE AND PROCEDURE – Application to strike out proceedings – Whether applicant’s claim entitled to meal allowance brought within six years – Security guard |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Respondent entitled to form view applicant’s absence from work without approval and derogatory texts to manager serious misconduct for which applicant could be dismissed. Respondent entitled to consider dismissal appropriate outcome especially given recent final written warning. Respondent’s investigation full and thorough. Dismissal justified.;COUNTERCLAIM – PRACTICE AND PROCEDURE: Applicant’s meal allowance claim not pursued within required time period. Applicant’s meal allowance claim struck out. |
| Result | Application granted (counterclaim – practice and procedure) ; Application dismissed (unjustified dismissal) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s103A(3);ERA s142 |
| Cases Cited | Air New Zealand Ltd v V [2009] ERNZ 185;Angus v Ports of Auckland Ltd (No 2) [2011] ERNZ 466 |
| Number of Pages | 11 |
| PDF File Link: | 2014_NZERA_Auckland_55.pdf [pdf 260 KB] |