| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 90/05 |
| Hearing date | 27 Jan 2005 |
| Determination date | 11 March 2005 |
| Member | J Scott |
| Representation | P Scown ; D Bromhead |
| Location | Auckland |
| Parties | Scown v Bougen Transport |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Received final written warning for abusing and threatening co-worker - A few months later was involved in incident where verbally abused co-worker and drove off in dangerous manner - Dismissed for serious misconduct - No predetermination - Applicant given real opportunity to put his side of story - He himself predetermined matter by saying I know you're going to sack me" - Applicant protested had not received three written warnings - No statutory obligation to give employee three written warnings - Warning system which applied to applicant's employment described in employment agreement - Respondent entitled to arrive at decision to dismiss taking into account information available to him at the time including previous warning for similar conduct three months earlier - Truck driver/hiab operator" |
| Result | Application dismissed ; No order for costs |
| Cases Cited | 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;Petersen v Board of Trustees Of Buller High School [2002] 1 ERNZ 139;W&H Newspapers Ltd v Oram [2000] 2 ERNZ 448 |
| Number of Pages | 5 |
| PDF File Link: | aa 90_05.pdf [pdf 28 KB] |