| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 60 |
| Hearing date | 26-Feb-16 |
| Determination date | 29 February 2016 |
| Member | Eleanor Robinson |
| Representation | E Hartdegan ; T Cleary |
| Location | Auckland |
| Parties | Robberts v Silver Fern Farms Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Serious Misconduct - Applicant claimed unjustifiably disadvantaged by suspension and final written warning. – Applicant claimed unjustifiably dismissed by respondent – BREACH OF CONTRACT – Applicant claimed respondent breached harassment policy – Shift engineer |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL: Respondent had contractual right to suspend applicant during investigation process. No consent from applicant necessary. Applicant unable to rely on grievance regarding warning as grievance not raised in time. No disadvantage. Applicant made unpleasant comments about supervisor to other staff. At time of dismissal, applicant on final written warning. Applicant did not raise personal grievance about final written warning. Respondent able to rely on warning when dismissing applicant. Respondent interviewed witnesses and considered evidence, advised applicant of concerns, allowed applicant opportunity to comment and genuinely considered explanations. Applicant advised of possibility of dismissal. Respondent acted as fair and reasonable employer. Applicant justifiably dismissed.;BREACH OF CONTRACT – No evidence that supervisor’s comment against applicant racist. Applicant did not report comment under Harassment Policy. No breach of contract. |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s 103A;ERA s103A(3) |
| Cases Cited | Angus v Ports of Auckland Ltd (No 2) [2011] NZEmpC 160, [2011] ERNZ 466; Creedy v Commissioner of Police [2006] ERNZ 517 (EmpC);Northern Distribution Union v BP Oil New Zealand Ltd [1992] 3 ERNZ 483 (CA) ;;Winstone Wallboards Ltd v Samate [1993] 1 ERNZ 503 (EmpC) |
| Number of Pages | 16 |
| PDF File Link: | 2016_NZERA_Auckland_60.pdf [pdf 309 KB] |