| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 377/04 |
| Hearing date | 9 Nov 2004 |
| Determination date | 23 November 2004 |
| Member | D King |
| Representation | M White ; M Corlett |
| Location | Auckland |
| Parties | Leiataua v Huhtamaki Henderson Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Applicant used discarded food container to clean excess ink from machine - Aware of previous similar incident resulting in food contamination and applicant's specific directions concerning correct procedures - Dismissed for willful and deliberate act affecting health and safety, food safety systems or quality - Decision maker never spoke directly to applicant - Disputed information concerning availability of proper ink containers not put to applicant at time - No opportunity to comment on all evidence used against him - Previous verbal warning and absenteeism taken into account without notification - Container not used with intention of contaminating food - Food systems not affected - Applicant's actions did not fall within rationale provided for dismissal - Dismissal for failure to carry out lawful and reasonable instruction might have been on stronger ground - Dismissal substantively and procedurally unjustified - REMEDIES - Reinstatement practicable - Compensation not appropriate - Use of container contrary to acknowledged instruction amounted to contributory conduct |
| Result | Application granted ; Reinstatement ordered ; Reimbursement of lost wages (Quantum to be calculated by parties)(4 months 19 days)(Reduced by 50%) ; Costs reserved |
| Number of Pages | 3 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |