| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 76/05 |
| Hearing date | 6 Apr 2005 |
| Determination date | 24 May 2005 |
| Member | H Doyle |
| Representation | R Thompson ; P Shaw |
| Location | Christchurch |
| Parties | Warren v United Fisheries Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Summary dismissal - Applicant refused respondent's instruction to clean cafeteria to cover another cleaner's absence - Alleged refusal because of elbow discomfort - Applicant did not mention elbow discomfort to respondent when instruction given - Applicant told respondent that as grade 2 cleaner she would not perform grade 1 work - Grading not concerned with tasks but with ability to work unsupervised and competently and applicant had undertaken cover of other cleaner's absences on other occasions without complaint - Instruction was reasonable and lawful - Refusal was deliberate and wilful - Procedural unfairness in first meeting but subsequent meeting was genuine attempt to reconsider events leading to dismissal - Open and deliberate refusal to obey lawful and reasonable instruction could justify dismissal - No personal grievance - Grade 2 cleaner |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | NZ Shipwrights etc Union v Honda NZ Ltd [1989] 3 NZILR 794 |
| Number of Pages | 4 |
| PDF File Link: | ca 76_05.pdf [pdf 24 KB] |