| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 35/05 |
| Hearing date | 26 Nov 2004 |
| Determination date | 04 February 2005 |
| Member | K Raureti |
| Representation | G Finnigan ; P Elder |
| Location | Auckland |
| Parties | Park v Creative Business Systems |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Refusing to obey lawful and reasonable instruction - Applicant refused to work with co-worker on task as asked - Applicant protective of his superior knowledge and skills and reluctant to share with co-worker - Did not respond to suggestion to work with other staff members - Applicant complained about position of desk - Unsuccessfully sought pay increase or be given shares in respondent - Applicant stated if he felt unhappy he would relax all day" by adopting habits similar to others who "were relaxing all day" - Dismissed for serious misconduct - Respondent alleged refusal to obey instruction was deliberate attempt to extract higher salary - Not made unequivocally clear to applicant that continued stance to refuse working with co-workers put employment in serious jeopardy - Circumstances surrounding suspension and dismissal, and manner in which termination carried out not fair - Unjustified dismissal - Contributory conduct 60 percent - Programme/software developer" |
| Result | Application granted ; Reimbursement of lost wages ($13,125 reduced to $5,250) ; Compensation for humiliation ($1,200) ; Costs reserved |
| Statutes | ERA s124 |
| Cases Cited | Drummond v Coca Cola Bottlers NZ [1995] 2 ERNZ 229;NZ (with exceptions) Food Processing etc IUOW v Unilever NZ Ltd [1990] 1 NZILR 35;Tawhiwhirangi v Attorney General in respect of Chief Executive Department of Justice [1993] 2 ERNZ 546 |
| Number of Pages | 6 |
| PDF File Link: | aa 35_05.pdf [pdf 37 KB] |