| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 51/05 |
| Hearing date | 16 Aug 2004 |
| Determination date | 13 April 2005 |
| Member | P Montgomery |
| Representation | KS Tifaga ; J Button |
| Location | Christchurch |
| Parties | Rudman v Feltex Carpets Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant swore at shift manager on numerous occasions - Language offensive and amounted to rejection of manager's right to manage - Previous warning for absence and lateness expired but remained on file - Not shown expired warning relied on in dismissal - Behaviour towards shift manager sufficient in itself to justify dismissal - Entitled to find serious misconduct and dismiss applicant summarily - Suggested respondent review procedures in area regarding warnings kept on file without delay if had not already done so - Creeler |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Northern Distribution Union v BP Oil NZ Ltd [1992] 3 ERNZ 483 |
| Number of Pages | 4 |
| PDF File Link: | ca 51_05.pdf [pdf 31 KB] |