| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2017] NZERA Wellington 56 |
| Hearing date | 22 Jun 2017 - 23 Jun 2017 (2 days) |
| Determination date | 20 July 2017 |
| Member | R Larmer |
| Representation | S Meikle ; G Service |
| Location | New Plymouth |
| Parties | Sturzaker v Ballance Agri-Nutrients Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Process Operator |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Respondent acted in good faith and in procedurally fair manner. Applicant was provided with relevant information allowing opportunity to respond prior to dismissal. Substantive justification for dismissal. Applicant’s comments to the Shift Supervisor were abusive, unprovoked, and amounted to serious misconduct as defined in the Code of Conduct. Dismissal justified. |
| Result | Application dismissed ; No order for costs |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A);ERA s103A;ERA s103A(2);ERA s103A(3);ERA s103(3)(a);ERA s103(3)(b);ERA s103(3)(c);ERA s103(3)(d);ERA s103A(5) |
| Cases Cited | Dodd v DE & LM Spence Ltd t/a Pak N’Save [2002] 2 ERNZ 572 (EmpC);Reed v Smith (1997) 5 NZELC 98 451 (EmpC) |
| Number of Pages | 14 |
| PDF File Link: | 2017_NZERA_Wellington_56.pdf [pdf 257 KB] |