| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 16/05 |
| Hearing date | 30 Nov 2004 |
| Determination date | 10 February 2005 |
| Member | J Crichton |
| Representation | MJ Thomas ; K Smith |
| Location | Christchurch |
| Parties | Lieshout v Alliance Group Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - Applicant worked in carton room - Found pallets in carton room stacked too high - Three complaints to respondent to resolve problem - Problem tended to occur on Friday night but respondent never inspected carton room on Friday night - Applicant bumped overstacked pile of cartons causing pallet to fall over - Became upset and left carton room - Respondent gave applicant verbal warning because it believed she had deliberately pushed cartons over and not restacked them, breaching hygiene standards - Respondent believed problems caused by personality conflict between applicant and another - Applicant redeployed to another area of plant - Generally respondent did its best to resolve issue - However unreasonable and unfair to have removed applicant from carton room - Disciplinary meeting could not be separated from applicant's complaints about carton height - Applicant unjustifiably disadvantaged in relation to health and safety issues in carton room, verbal warning, and removal from carton room - Remedies - Reinstatement to carton room - Verbal warning to be expunged from applicant's record - Seasonal worker at freezing works |
| Result | Application granted ; Reinstatement ordered ; Order that verbal warning be expunged from applicant's record ; Compensation for humiliation etc ($2,500) ; Costs reserved |
| Number of Pages | 7 |
| PDF File Link: | ca 16_05.pdf [pdf 34 KB] |