| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2015] NZERA Wellington 11 |
| Hearing date | 16 Dec 2014 |
| Determination date | 09 February 2015 |
| Member | P R Stapp |
| Representation | B Buckett ; F Hills |
| Location | Wellington |
| Parties | Burns v Randwick Meat Co Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - Applicant claimed unjustifiably disadvantaged by suspension - Applicant accused of using work time to gather intelligence about customers and pricing not related to applicant's duties - Applicant accused of using time in manner inconsistent with duty of fidelity to respondent - No written employment agreement |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISADVANTAGE: Respondent entitled to make proposal to suspend applicant given allegations. Applicant given opportunity to respond to suspension proposal. Respondent entitled to make decision when applicant declined paid special leave. Applicant not suspended because declined to take paid special leave or because of matters associated with previous final written warning. Suspension justified. No unjustified disadvantage. Leave reserved in regard to applicant's arrears of wages claim. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | Burns v Randwick Meats Co Ltd [2014] NZERA Wellington 111;Singh v Sherildee Holdings Ltd t/a New World Opotiki EmpC Auckland AC53/05, 22 September 2005 |
| Number of Pages | 10 |
| PDF File Link: | 2015_NZERA_Wellington_11.pdf [pdf 244 KB] |