| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2014] NZERA Christchurch 93 |
| Hearing date | 8 Apr 2014 |
| Determination date | 01 July 2014 |
| Member | C Hickey |
| Representation | no appearance ; S O'Brien |
| Location | Dunedin |
| Parties | Hall v A Step Up Joinery Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Serious Misconduct - Applicant claimed unjustifiably disadvantaged by respondent's actions and unjustifiably dismissed by respondent - Applicant continuously refused to wear personal protective equipment - Eye safety wear - Alleged use of offensive and abusive language in response to request - Threatening behaviour - COSTS - Respondent sought contribution towards costs - No appearance for applicant - Joiner |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL: No unjustified disadvantage in requirement to wear safety glassed. Parties' employment agreement required applicant to take all practical steps to ensure own safety. Applicant's continued failure to wear safety glasses amounted to serious misconduct. Fair and reasonable to conclude applicant's behaviour offensive, abusive and threatening and amounted to serious misconduct. Any procedural defect minor. No unjustified disadvantage. No unjustified dismissal.;COSTS - Less than one day investigation meeting - Applicant to pay respondent $1,000 contribution towards costs |
| Result | Applications dismissed; Costs in favour of respondent ($1,000) |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s103A(3);ERA s148;ERA s148(1);ERA Second Schedule cl12 |
| Number of Pages | 14 |
| PDF File Link: | 2014_NZERA_Christchurch_93.pdf [pdf 265 KB] |