| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 364/04 |
| Hearing date | 8 Nov 2004 |
| Determination date | 11 November 2004 |
| Member | V Campbell |
| Representation | D Fleming ; J Roberts |
| Location | Auckland |
| Parties | Faifua and Anor v Netmaker Ltd |
| Other Parties | Finau |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Failure to carry out instructions - Applicants refused to show and teach new employee procedure - Advised at interviews would be expected to assist training new employees - Final written warnings previously given - Dismissed for serious misconduct - Applicants had previously trained staff - Alleged genuine dispute - Whether applicants required, as part of duties, to assist in training new employees - No genuine dispute - One applicant made it clear reason for refusal was way manager addressed him and reference to putting him back on afternoon shifts - Collective agreement set out disciplinary procedures - Procedurally unfair but remedied by later meeting - Final written warning relied on in dismissal - Dismissals justified - Remedies - In any event reinstatement inappropriate - Machine operator |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s5;ERA s86(1)(a) |
| Cases Cited | Amaltal Fishing Co Ltd v Morunga [2002] 1 ERNZ 692;Chief Executive of the Inland Revenue Department v Parkes [2003] 1 ERNZ 540;Man O'War Farm Limited v Bree [2003] 1 ERNZ 83;Rankin v Attorney-General [2001] ERNZ 476;Sky Network Television Ltd v Duncan [1998] 3 ERNZ 917 |
| Number of Pages | 11 |
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