| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2018] NZERA Christchurch 19 |
| Hearing date | 29-Nov-17 |
| Determination date | 20 February 2018 |
| Member | H Doyle |
| Representation | S Forrester ; S Jamieson, H Mills |
| Location | Christchurch |
| Parties | Wederell v McMillan Drilling Civil Ltd |
| Summary | RAISING PERSONAL GRIEVANCE – Whether respondent consented to grievance being raised out of time – UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably disadvantaged by a series of warnings – Applicant claimed unjustifiably dismissed by respondent – Fitter/Welder |
| Abstract | AUTHORITY FOUND – RAISING GRIEVANCE: Strong argument that respondent consented to grievance being raised out of time. Authority had jurisdiction to consider the grievance out of time. UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL: Fair and reasonable employer justified in issuing applicant a written warning in all the circumstances. No unjustified disadvantage. Respondent fully and fairly investigated complaints and allowed applicant to comment. Applicant was not treated in a disparate manner. Conduct compared not sufficiently similar to applicants conduct. Dismissal was within a range of reasonable responses for respondent. Dismissal justified. |
| Result | Application granted (raising personal grievance) ; Application dismissed (unjustified dismissal) (unjustified disadvantage) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4 ; ERA s103A ; ERA s103A(3) ; ERA s103A(a) |
| Cases Cited | Angel v Fonterra Co-operative Group [2006] ERNZ 1080 (EmpC); Chief Executive of the Department of Inland Revenue v Buchanan [2005] ERNZ 767 (CA); Click Clack International Ltd v James [1994] 1 ERNZ 15 (EmpC) ; Nel v ASB Bank (No 2) [2017] NZEmpC 97 ; Rapana v Northland Co-operative Dairy Company Ltd [1998] 2 ERNZ 528 (EmpC) |
| Number of Pages | 30 |
| PDF File Link: | 2018_NZERA_Christchurch_19_amended.pdf [pdf 125 KB] |