| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 22 |
| Hearing date | 19-Jan-17 |
| Determination date | 24 January 2017 |
| Member | T Tetitaha |
| Representation | W Reid ; D Jacobson |
| Location | Tauranga |
| Parties | Forster v Jason Hill t/a JL Contracting |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Machinery operator/tractor driver |
| Abstract | AUTHORITY FOUND –UNJUSTIFIED DISMISSAL: Reasonable for respondent to conclude that applicant’s threats about entering workshop serious misconduct. Respondent’s investigation sufficient in circumstances. Respondent fairly raised concerns with applicant, gave applicant fair opportunity to respond and genuinely considered applicant’s response. Dismissal justified. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A(2) ; ERA s103A(3) |
| Cases Cited | Ritchies Transport Holdings Ltd v Merennage [2015] NZEmpC 198 ; Ritchies Transport Holdings Ltd v Merennage [2016] NZCA 191 |
| Number of Pages | 10 |
| PDF File Link: | 2017_NZERA_Auckland_22_amended.pdf [pdf 176 KB] |