| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 445 |
| Hearing date | 6 Aug 2014 |
| Determination date | 31 October 2014 |
| Member | R Larmer |
| Representation | B Quarrie ; P Swarbrick |
| Location | Kaitaia |
| Parties | Froggatt v The Warehouse Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Failure to follow reasonable instruction – No issue regarding disciplinary process – Team member |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Open to respondent to conclude applicant gave away two free car phone chargers after being instructed by manager not to. Instruction not unreasonable or unlawful. Open to respondent to conclude applicant breached house rules relating to refusal to follow reasonable instructions and unauthorised possession, removal or movement of company property. Open to respondent to conclude applicant’s actions amounted to serious misconduct. Applicant on warning at time of serious misconduct. Dismissal justified. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A);ERA s103A;ERA s103A(2);ERA s103A(3);ERA s103A(4) |
| Number of Pages | 6 |
| PDF File Link: | 2014_NZERA_Auckland_445.pdf [pdf 205 KB] |