| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 102/01 |
| Determination date | 07 August 2001 |
| Member | WRC Gardiner |
| Representation | C Cook ;G Pollak |
| Location | Auckland |
| Parties | Connelly v Atlas Quarries Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Ordinarily undertook truck driving duties - Postponed until truck repaired - Assigned alternative task within level of competence - Sought to be relieved of assigned task and requested holiday leave - Manager listened and explained need for task to be completed - Holiday leave denied - Subsequently went to clock out - Manager in same vicinity and concluded applicant chosen to abandon assigned task - View which a fair and reasonable employer entitled to form in the circumstances - Told to complete task or he was fired - Refused through his actions to carry out task - Given opportunity for hearing at first instance - Respondent entitled to issue ultimatum at this later stage - Cooling off period unnecessary - Truck driver |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Harraway & Sons Ltd v Witchall unreported, Travis J, 27 September 1994, CEC 35/94;NZ (with exceptions) Shipwrights etc Union v Honda NZ Ltd [1989] 3 NZILR 791 |
| Number of Pages | 10 |
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