| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 159 |
| Hearing date | 3 & 12 April 2017 (2 days) |
| Determination date | 31 May 2017 |
| Member | V Campbell |
| Representation | S Mitchell ; T Cleary |
| Location | Auckland |
| Parties | McNabb v Silver Fern Farms Beef Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Seasonal Meat Worker |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Failure to follow hygiene standards serious misconduct capable of leading to dismissal. Applicant trained in the expected hygiene standards. Respondent made sufficient investigation into allegations. Applicant provided with a reasonable opportunity to provide explanation. Respondent acted as a fair and reasonable employer. Dismissal justified. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A ; ERA s103A(3) ; ERA s103A(5) ; ERA s174E |
| Cases Cited | Angus v Ports of Auckland Ltd (No 2) [2011] NZEmpC 160;Wikaira v Department of Corrections [2016] NZEmpC 175 |
| Number of Pages | 8 |
| PDF File Link: | 2017_NZERA_Auckland_159.pdf [pdf 117 KB] |