Restrictions OK
Jurisdiction Employment Relations Authority - Wellington
Reference No WA 55/01
Hearing date 13 Aug 2001
Determination date 14 August 2001
Member S Bathgate
Representation I Hard ; P Bartlett
Location Wellington
Parties Dodd and Anor v New Zealand Public Service Association and Anor
Other Parties Dodd, New Zealand Public Service Association
Summary UNJUSTIFIED DISMISSAL - Refused changes to work allocation - Several meetings held over several months - Meeting with sector co-ordinator became heated - Warned that failure to comply with instruction could result in dismissal - Refusal to obey lawful instruction - Not outside scope of contractual obligations - Did not demand performance of dangerous or impossible task - Agreed at disciplinary meeting to perform task but refused to report to sector co-ordinator - Requirement to work particular allocation carried with it requirement to report to particular sector co-ordinator - Refusal to work new allocation went to heart of employment relationship - Dismissal was option open to respondent - Thorough investigation prior to disciplinary meeting - Procedurally fair - Union organiser
Result Application dismissed ; Costs reserved
Number of Pages 6
PDF File Link: PDF file not available for download, please contact us to request a copy.