| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 363A/05 |
| Hearing date | 5 Aug 2005 - 10 Aug 2005 (2 days) |
| Determination date | 06 October 2005 |
| Member | D King |
| Representation | P Swarbrick ; J McBride |
| Location | Auckland |
| Parties | Nelson v New Zealand Conference Association as Trustee for Sanitarium Health Food Company |
| Summary | UNJUSTIFIED DISMISSAL – Serious misconduct - Alleged failure to comply with quality processes – Padlock found in packet of Weetbix – Alleged failure to fill out quality impact report (“QIR”) and that wrongly wrote “no metal” in log book - Applicant ascertained padlock had fallen into packet at entrance to packing head and instructed staff to take greater care to ensure doors above food packing lines were secured and padlocks locked – Thought matter had been resolved – Applicant dealt with padlock incident as health and safety issue, not a metal detection issue – Applicant not advised of specific allegations – Failures to fill out QIR and writing “no metal” job of process controller not applicant who could not be expected to double check all their work – Respondent believed applicant had told staff members to cover up finding of padlock – Applicant not allowed to call witnesses or properly respond to allegations – Respondent unsure of reasons for dismissal – Applicant unaware of how serious situation was – Failure to put information to applicant – Manner in which interviews with staff members (who made allegations against applicant) were conducted inadequate – Predetermination – Procedural defects so severe as to render dismissal nugatory – Not serious misconduct – Applicant had 40 years unblemished employment with respondent - Remedies – Reinstatement ordered – Flake Biscuit (Weetbix) Process Manager |
| Result | Application granted ; Reimbursement of lost wages (Quantum to be determined by parties) ; Compensation for humiliation etc ($25,000) ; Reinstatement ordered ; Costs reserved |
| Cases Cited | BP Oil NZ Ltd v Northern Distribution Workers Union [1989] 3 NZILR 276 ; [1989] 3 NZLR 580;Northland Co-Operative Dairy Company Ltd v Rapana [1999] 1 ERNZ 361 ; (1999) 5 NZELC 95,932;Woud v Department of Corrections unreported, Goddard CJ, 16 May 2005, AC 24/05 |
| Number of Pages | 11 |
| PDF File Link: | aa 363a_05.pdf [pdf 49 KB] |