| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 22/05 |
| Hearing date | 19 Aug 2004 |
| Determination date | 21 February 2005 |
| Member | P Montgomery |
| Representation | T Wilton ; J Smith |
| Location | Christchurch |
| Parties | Moore v Alto Plastics Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Misconduct - Respondent concerned about applicant's performance and failure to follow instructions - Issued with final written warning for deliberately misleading respondent - Subsequently called production manager and general manager bullshitters" - Summarily dismissed after investigation - Authority accepted applicant's submission that poor work performance was not misconduct and could never justify summary dismissal - However respondent invoked disciplinary process because of applicant's objectionable behaviour and verbal abuse - Dismissal substantively justified - Respondent failed to give applicant opportunity to respond to allegations prior to dismissal - Dismissal procedurally unjustified - Remedies - Reinstatement declined because applicant would continue to be a disaffected employee - Contributory conduct 100% - Entitled to contribution to costs - Die and machine setter" |
| Result | Application granted ; Reimbursement of lost wages ($9,271.60 reduced to $0) ; Compensation for humiliation etc ($4,000 reduced to $0) ; Costs reserved |
| Number of Pages | 6 |
| PDF File Link: | ca 22_05.pdf [pdf 31 KB] |