| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 477 |
| Hearing date | 23-24 Sep 2014 |
| Determination date | 20 November 2014 |
| Member | T G Tetitaha |
| Representation | B Quarrie ; D J Erickson |
| Location | Tauranga |
| Parties | Walters v ISO Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant claimed unjustifiably dismissed by respondent - Respondent raised concerns applicant applying for weekends off to circumvent requirement to take annual leave - Applicant raised voice and used strong language - Insubordination - Shift manager |
| Abstract | AUTHORITY FOUND -UNJUSTIFIED DISMISSAL: Applicant's behaviour not insubordination. Respondent previously engaged with applicant's ongoing behaviour and had not previously disciplined applicant. Applicant never directed to cease behaviour so difficult to conclude applicant's behaviour disobedient. Applicant's argumentative behaviour tolerated by respondent. Conduct not serious misconduct. Insubordination not expressly raised until disciplinary meeting. Applicant not aware of disciplinary poly being applied. No opportunity to respond. Dismissal unjustified. REMEDIES: 33 per cent contributory conduct. Respondent to pay applicant reimbursement of lost wages, quantum to be determined. $3,350 compensation appropriate. |
| Result | Application granted; Contributory conduct (33%); Reimbursement for lost wages (quantum to be determined); Compensation for humiliation etc ($3,350); Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A(2);ERA s103A(3);ERA s103A(5);ERA s124;ERA s128;ERA s128(1) |
| Cases Cited | Angus v Ports of Auckland Ltd (No 2) [2011] ERNZ 466;Finau v Carter Holt Building Supplies [1993] 2 ERNZ 971;Goodfellow v Building Connexion Ltd t/a ITM Building Centre [2010] NZEmpC 82;New Zealand Institute of Fashion Technology v Aitken [2004] 2 ERNZ 340 |
| Number of Pages | 14 |
| PDF File Link: | 2014_NZERA_Auckland_477.pdf [pdf 279 KB] |