| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 124/03 |
| Hearing date | 28 Jul 2003 - 29 Jul 2003 (2 days) |
| Determination date | 29 August 2003 |
| Member | G J Wood |
| Representation | S Moran, P Cranney ; G Pollak |
| Location | Palmerston North |
| Parties | Thom v AFFCO New Zealand Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - Suspension - Suspended during meeting with manager - Alleged suspension not disciplinary but rather to allow applicant to calm down - Suspension disciplinary in nature - Failure to allow representation as required by collective agreement - Disadvantage established - UNJUSTIFIED DISMISSAL - Serious misconduct - Unlawful strike - Failure to follow lawful instruction - Absence from workplace - Request by applicant to reduce production speed declined by respondent - Alleged applicant stopped production - Ample evidence applicant stopped production - Disciplinary investigation undertaken - Collective agreement required separate meetings regarding liability and penalty - Failure to follow procedure unfair to applicant - Failure affected ability to settle on alternative penalty to dismissal - Dismissal unjustified - Remedies - Reinstatement sought - Balancing of competing interests - No justification for applicant's misconduct - Applicant long serving employee - Reinstated with final warning relating to misconduct - No other remedies warranted in interests of fairness to both parties - Meat worker |
| Result | Application granted ; Reinstatement ordered ; Costs reserved |
| Cases Cited | Bradley v Attorney General [1988] 2 NZLR 454;Chief Executive of the Ministry of Maori Development v Travers-Jones [2003] 1 ERNZ 174;Excell Corporation Ltd v Stephens [2003] 1 ERNZ 487;John v Rees [1970] Ch 345;NZFP Pulp and Paper Co Ltd v Horn [1996] 1 ERNZ 278;Otago Road Transport etc IUOW v St John Ambulance Assn [1976] ICJ 217;Piutau v Yuasa JRA Batteries Ltd [1991] 1 ERNZ 520;W & H Newspapers v Oram [2000] 2 ERNZ 448 ; [2001] 3 NZLR 29 |
| Number of Pages | 15 |
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