| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 54/05 |
| Hearing date | 1 Dec 2004 - 2 Dec 2004 (2 days) |
| Determination date | 15 February 2005 |
| Member | K Raureti |
| Representation | AM McInally ; P Skelton, K Burson |
| Location | Auckland |
| Parties | Palmer v Bluescope New Zealand Steel Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - Suspension - Applicant's employment history included cautions and warnings for breaches of safety rules - Plant maintenance engineer informed applicant he should be wearing fall restraint harness while working at particular height - Following day applicant and co-worker observed working in area where should have been wearing safety harnesses - Unlike co-worker, applicant refused to step back from hazard when asked - Applicant suspended next day - Suspension unjustified because applicant had no opportunity to comment on it - Remedies - Contributory conduct considered when awarding compensation - UNJUSTIFIED DISMISSAL - Misconduct - Decision to dismiss open to respondent as fair and reasonable employer - Disparity - Co-worker given verbal warning - Co-worker's behaviour and reaction to instruction quite different to applicant's - Dismissal not unjustified because of disparity - Rigger |
| Result | Application granted (unjustified disadvantage) ; Compensation for humiliation etc ($1,500) ; Application dismissed (unjustified dismissal) ; Costs reserved |
| Cases Cited | Drummond v Coca-Cola Bottlers NZ Ltd [1995] 2 ERNZ 229;Northern Distribution Union v BP Oil NZ Ltd [1992] 3 ERNZ 483;NZ (with exceptions) Food Processing etc IUOW v Unilever NZ Ltd [1990] 1 NZILR 35;Riddell v Commissioner of Police unreported, Colgan J, 20 June 2003, AC 40/03;Tawhiwhirangi v Attorney-General in respect of the Chief Executive, Department of Justice [1994] 1 ERNZ 459;W&H Newspapers Ltd v Oram [2000] 2 ERNZ 448 ; [2001] 3 NZLR 29 |
| Number of Pages | 6 |
| PDF File Link: | aa 54_05.pdf [pdf 36 KB] |