| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2017] NZERA Wellington 63 |
| Hearing date | 11 Dec 2015 and 12 Jul 2016 - 13 Jul 2016 (3 days) |
| Determination date | 24 July 2017 |
| Member | T MacKinnon |
| Representation | J Handy (in person) ; G Davenport |
| Location | Wellington |
| Parties | Handy v New Zealand Fire Service Commission |
| Summary | UNJUSTIFIED DISMISSAL – UNJUSTIFIED DISADVANTAGE – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Applicant claimed unjustifiably disadvantaged by restructuring process undertaken by respondent – ARREAR OF WAGES – Applicant sought arrears of wages – PENALTY – Applicant sought penalty for respondents breach of good faith – False Alarm Administrator |
| Abstract | AUTHORITY FOUND – UNJUSTIFIED DISMISSAL: Applicant breached standards of conduct by deliberately making contact with a co-worker. Applicant’s lack of acceptance and acknowledgement of deliberate nature of his actions reinforced the seriousness of the matter. Respondent followed fair and reasonable process that was open-minded and respectful. Applicant had opportunity to respond to respondents deliberations. Dismissal justified. UNJUSTIFIED DISADVANTAGE: Restructuring was not the reason for termination of applicants conduct. Applicant was dismissed prior to restructuring proposals. Restructuring was justifiable. No disadvantage. ARREAR OF WAGES: Applicant did not appropriately seek agreement of employer for annual leave to be treated as sick leave. No arrears of wages. PENALTY: Respondent’s failure to discuss three days’ annual leave further with applicant did not constitute a breach of good faith. No penalty appropriate. |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A ; ERA s103A(5) ; Holidays Act 2003 s36 |
| Cases Cited | Angus & McKean v Ports of Auckland [2011] NZEmpC 160 ; Handy v New Zealand Fire Service Commission [2017] NZERA Wellington 130 |
| Number of Pages | 21 |
| PDF File Link: | 2017_NZERA_Wellington_63.pdf [pdf 218 KB] |