| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 255 |
| Hearing date | 29 May 2017 - 30 May 2017 (2 days) |
| Determination date | 28 August 2017 |
| Member | R Arthur |
| Representation | YC Hong (in person) ; C Parkhill, R Gillies |
| Location | Auckland |
| Parties | Hong v Auckland Transport |
| Summary | UNJUSTIFIED DISADVATAGE – UNJUSTIFIED DIMISSAL – Serious misconduct – Applicant claimed unjustifiably disadvantaged by respondent’s actions – Applicant claimed unjustifiably dismissed by respondent – Parking Officer |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL: Applicant not unjustifiably disadvantaged by respondent’s grading assessment of performance or by suspension during disciplinary process. Respondent acted in a fair and reasonable manner. Applicant paid for time off over suspension period. No unjustified disadvantage. Respondent raised concerns over applicant’s personality, characteristics and reports from supervisors over work performance. Respondent had reasonable concerns over applicant’s work performance and provided reasons and evidence to support dismissal. Applicant chose to act in a manner contrary to respondent’s instructions. Respondent entitled to conclude that trust and confidence of employment relationship had broken down and was irreconcilable. Dismissal justified. |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s103(3);ERA s103(3)(a);ERA s103(3)(d);ERA s103(5);ERA s160(2);ERA s174E |
| Cases Cited | A Ltd v H [2016] NZCA 419, [2017] 2 NZLR 295;Ahn v Lee & Hong & Lee [2009] DCR 298;Air New Zealand v V [2009] NZEmpC 45;Angus v Ports of Auckland Ltd (No 2)[2011] NZEmpC 160;Fagotti v Acme & Co Ltd [2015] NZEmpC 135;Hong v Auckland Transport [2017] NZERA Auckland 115;Hong v Wasan International Co Ltd (No 2) CA 132/01, 24 July 2001;Kim v Wasan International Co Ltd CA 39/06, 4 October 2006;Mabry v West Auckland Living Skills Homes Trust Board (Inc)(2002) 6 NZELC 96, 573 (EmpC);PBO Ltd v Da Cruz [2005] ERNZ 808 (EmpC);Reid v NZ Fire Service Commission [1999] 1 ERNZ 104 (CA);Ritchies Transport Holdings Ltd v Merennage [2015] NZEmpC 198;Whanganui College Board of Trustees v Lewis [2000] 1 ERNZ 397 (CA) |
| Number of Pages | 28 |
| PDF File Link: | 2017_NZERA_Auckland_255.pdf [pdf 431 KB] |