| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 362/02 |
| Hearing date | 12 Dec 2002 |
| Determination date | 17 December 2002 |
| Member | Y S Oldfield |
| Representation | C Bennett ; D Kilpatrick |
| Location | Auckland |
| Parties | Laubscher v Astron Plastics Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Failure to follow instruction - Injury to hand - Light duties prescribed by doctor - Told to sweep and vacuum - Injury made sweeping difficult - Refused to continue sweeping - Told to go home - Disciplinary meeting - Alleged applicant failed to secure crate for delivery and refused to do light duties - Could not be dismissed for making reasonable objection to instruction - Refusal to sweep floor not unreasonable - Applicant's serious ill-health should have been taken into account - Dismissal not justified on either ground - Mechanical fitter |
| Result | Application granted ; Reimbursement of lost wages ($734.80) ; Compensation for humiliation etc ($6,500) ; Costs reserved |
| Number of Pages | 6 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |