| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 68/05 |
| Hearing date | 19 Apr 2005 |
| Determination date | 27 April 2005 |
| Member | G J Wood |
| Representation | R Foitzik ; R Gibson |
| Location | Wellington |
| Parties | Askew v Tegel Foods Ltd t/a Coq au Vin Poultry |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Failure to follow instructions and threat towards supervisor - Supervisor had told applicant to start work - Alleged in response applicant threatened supervisor - Disciplinary investigation resulted in warning rather than dismissal due to applicant's long period of employment -Behaviour repeated - After another investigation meeting decision made to dismiss - First warning procedurally and substantively fair - Dismissal substantively and procedurally justified - No disparity of treatment - In any case, contributory conduct would have disentitled applicant to remedies |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Chief Executive of the Ministry of Maori Development v Travers-Jones [2003] 1 ERNZ 174;Dodd v D E & L M Spence Ltd t/a PAK 'N' SAVE [2002] 2 ERNZ 572;Samu v Air New Zealand [1995] 1 ERNZ 636;W & H Newspapers v Oram [2000] 2 ERNZ 448 ; [2001] 3 NZLR 29 |
| Number of Pages | 11 |
| PDF File Link: | wa 68_05.pdf [pdf 39 KB] |