| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 145/05 |
| Hearing date | 18 Aug 2005 |
| Determination date | 02 September 2005 |
| Member | D Asher |
| Representation | S Mitchell ; A King |
| Location | Napier |
| Parties | Corin v Progressive Meats Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant dismissed for threatening and intimidating behaviour - Applicant unhappy about parking ticket - Approached person he believed responsible for vehicle being ticketed - She alleged he yelled and was aggressive - Left note for another person he believed responsible for ticket which said if you haven't got a problem with me you have now" - That other person heard him shouting but after applicant accepted other person's explanation he apologised - Applicant dismissed for breaching collective employment agreement which included "threatening or intimidating people" as an example of "failure to control anger" that was unacceptable serious misconduct - Not clear if applicant ever put on notice as to what it was he was alleged to have done that amounted to threatening and intimidation - Absence of specific allegations meant respondent could not justify dismissal - Note did not contain express threat and did not amount to failure to control anger - Inadequate investigation - Dismissal unjustified - Contributory conduct - Dismissal resulted from applicant's actions in inappropriately and loudly pursuing with completely unrelated individuals issue of ticket - Contribution 20 percent - Meat processing worker" |
| Result | Application granted ; Reimbursement of lost wages (parties to calculate quantum)(3 months less 20%) ; Compensation for humiliation etc ($10,000 reduced to $8,000) ; Costs reserved |
| Cases Cited | Air New Zealand Ltd v Johnston [1992] 1 ERNZ 700;Cooke v Tranz Rail Ltd [1996] 1 ERNZ 610;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;O'Connor v Wellington City Council [1990] 2 NZILR 128;Telecom New Zealand Ltd v Nutter [2004] 1 ERNZ 315;W&H Newspapers Ltd v Oram [2000] 2 ERNZ 448 |
| Number of Pages | 12 |
| PDF File Link: | wa 145_05.pdf [pdf 47 KB] |