| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 92/04 |
| Hearing date | 10 Jun 2004 |
| Determination date | 13 August 2004 |
| Member | H Doyle |
| Representation | L Cullen (in person) ; K Smith |
| Location | Christchurch |
| Parties | Cullen v Alliance Group Ltd Nelson Plant |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Confusion whether respondent had agreed to shorten winter hours of work from nine to eight hours - No written variation of employment agreement - Usually only eight hours necessary - Respondent clarified no variation by memorandum and verbal instructions - Specific instructions that nine hours work required on particular night following equipment breakdown - Applicant and others left work after eight hours - Summarily dismissed following disciplinary investigation - Informal arrangement that respondent would try to restrict work to eight hours during winter - Arrangement did not vary express hours of work provision in employment agreement - No verbal agreement restricting respondent's right to require nine hours work - Respondent took reasonable steps on night of breakdown to make obligations clear to applicant - Applicant failed to follow lawful and reasonable instruction and absented himself without permission - Dismissal open to reasonable employer in light of previous final warning - No disparity of treatment - Investigation procedurally fair - Dismissal justified - Slaughterman |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | NZ (with exceptions) Food Processing etc IUOW v Unilever NZ Ltd [1990] 1 NZILR 35;Wellington, Taranaki and Marlborough Clerical, Administrative and Related Workers IUOW v College Group Ltd [1984] ACJ 315 |
| Number of Pages | 8 |
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