| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 28A/04 |
| Hearing date | 13 Feb 2004 - 3 Mar 2004 (2 days) |
| Determination date | 17 June 2004 |
| Member | L Robinson |
| Representation | H Fulton ; E Butcher |
| Location | Auckland |
| Parties | Buchan v Sheffield Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Misconduct - Attendance problems and trouble relating to other staff - Formal warning issued following lengthy absence for mental health reasons - Possibility of future dismissal raised - All non-business contact with particular colleague prohibited - Alleged early departure from work - Contacted colleague by text message seeking permission to attend function - Absent from work following day - Failed attempt to notify supervisor - Dismissed after disciplinary investigation - Respondent entitled to find on evidence that applicant misrepresented hours worked and absented himself without authority or good cause - Not reasonable to regard applicant's conduct in texting colleague as breaking prohibition on contact - Message consistent with earlier contrition - Respondent entitled to dismiss because applicant on previous notice that employment liable to be terminated - ARREARS OF HOLIDAY PAY - Arrears of holiday pay due and owing - OTHER MONIES - Counterclaim - Applicant failed to return mobile phone at termination of employment - Value of phone owed to respondent - Information technology manager |
| Result | Application dismissed (Unjustified dismissal) ; Application granted (Arrears of holiday pay) ; Arrears of holiday pay ($2,988.23) ; Other monies ($480) ; Costs reserved |
| Cases Cited | BP Oil v Northern Distribution Union [1992] 3 ERNZ 483;Wellington Road Transport Union of Workers v Fletcher Constructions Co Limited [1982] ACJ 663;W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448 ; [2001] 3 NZLR 29 |
| Number of Pages | 15 |
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