| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2014] NZERA Wellington 111 |
| Hearing date | 1 Sep 2014-17 Sep 2014 (2 days) |
| Determination date | 30 October 2014 |
| Member | P R Stapp |
| Representation | B Buckett ; F Hills |
| Parties | Burns v Randwick Meats Co Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by final written warning – Whether applicant finished work earlier than agreed finish time – Whether applicant disobeyed instruction to provide call cycle reports – GPS installed in applicant’s car – Sales / accounts manager |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISADVANTAGE: Applicant’s role only involved management while acting up when respondent’s owners on leave. Unlikely to be connection between applicant’s discovery of respondent’s co-owner’s affair and matters alleged to have caused disadvantage to applicant. Any breach of good faith regarding installation of GPS in applicant’s car not fatal in context of issues between parties. Parties reached agreement over applicant’s hours of work and applicant’s hours not changed unilaterally. Applicant could not have been demoted in absence of signed-off employment agreement. Open to respondent to raise applicant’s attendance, work and completion of daily call cycle reports. Fair and reasonable employer could issue warning given gravity of allegations relied on. Applicant put on notice of respondent’s concerns. Applicant failed to follow instruction by not completing customer call cycle reports as requested. Respondent not prevented from taking disciplinary action where no signed-off employment agreement. No unjustified disadvantage. Outstanding matters between parties reserved. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA;ERA s242;Privacy Act 1993 |
| Number of Pages | 14 |
| PDF File Link: | 2014_NZERA_Wellington_111.pdf [pdf 134 KB] |