| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 508 |
| Hearing date | 21 Oct 2014 |
| Determination date | 09 December 2014 |
| Member | J Crichton |
| Representation | D Flaws ; P King |
| Location | Auckland |
| Parties | Elder v Philip King Restoration Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Serious Misconduct - Applicant claimed unjustifiably disadvantaged by warnings and unjustifiably dismissed by respondent - Refusal to follow instructions - Furniture polisher |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL: Respondent small business with insufficient income to justify significant expenditure on legal advice. Not appropriate to apply same standard to respondent as to large employer. Warning letters could have been more explicit but did not fail entirely to convey appropriate message. Tone of letters reflected robust nature of workplace but not threatening. No unjustified disadvantage. Applicant assaulted manager during final meeting but contact in nature of technical assault. Respondent could have concluded applicant guilty of serious misconduct by virtue of escalating difficulties in relationship and apparent inability of parties to continue working relationship, to have respect for each other or to work as team. Dismissal not completely without process. Difficult to see what else respondent could have done as small business. Applicant truculent and aggressive and would not accept direction. Complete breakdown of employment relationship. Dismissal justified. |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 12 |
| PDF File Link: | 2014_NZERA_Auckland_508.pdf [pdf 171 KB] |