| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 95 |
| Hearing date | 11-12 Feb 2014 |
| Determination date | 14 March 2014 |
| Member | E Robinson |
| Representation | S Scott ; M French |
| Location | Hamilton |
| Parties | Cooper v Resene Santano Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious Misconduct - Applicant claimed unjustifiably dismissed by respondent - Whether applicant left work early without authorisation - Whether applicant disobeyed instruction not to wear facial jewellery at work - Nose ring - Concerns about applicant wearing facial jewellery and time-keeping - Customer complaints - Store support |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Applicant aware of finish time and that needed permission to finish earlier. Applicant left work early knowing work still to be performed. Applicant able to contact supervisor to seek permission to leave work early and applicant's statement other employee had authority to allow applicant to leave early unreasonable. Reasonable for respondent to conclude applicant left place of work without authorisation. Applicant agreed to abide by instruction not to wear facial jewellery at work and occasions when facial piercing worn due to genuine forgetfulness. Applicant had nose ring inserted in full knowledge ring could not be removed without expert assistance and would breach instruction not to wear facial jewellery at work. Reasonable for respondent to conclude applicant breached instruction not to wear facial jewellery at work. Applicant advised of allegations and failure to specifically name complainants minor procedural defect not resulting in unfairness to applicant. Applicant had support person at meeting and opportunity to respond to allegations. Dismissal justified. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s103A(3);ERA s103A(5) |
| Cases Cited | Angus v Ports of Auckland Ltd (No 2) [2011] ERNZ 466 |
| Number of Pages | 18 |
| PDF File Link: | 2014_NZERA_Auckland_95.pdf [pdf 237 KB] |