| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 406/05 |
| Hearing date | 18 Jul 2005 - 2 Aug 2005 (2 days) |
| Determination date | 11 October 2005 |
| Member | R A Monaghan |
| Representation | H Koia ; M Beech, K Ashby-Koppens |
| Location | Auckland |
| Parties | Swinburne v K & S Freighters Ltd |
| Summary | JURISDICTION - Alleged oral agreement that reference would be provided in return for applicant not proceeding with personal grievance - Settlement not supported by evidence - Applicant entitled to proceed with personal grievance - UNJUSTIFIED DISMISSAL - Serious misconduct - Summary dismissal - Alleged applicant swore at client of respondent and slammed door following incorrect loading of truck - Second incident when applicant confronted employee of client who made initial complaint about swearing - Formal complaint by client regarding swearing incident - Applicant advised matter serious and investigation into swearing incident to occur - During investigation client notified respondent that applicant no longer welcome at client’s premises - Respondent met with applicant and read pre-prepared termination letter - Applicant failed to deal with incorrect loading of truck in acceptable manner or to appropriately attempt reconciliation after swearing incident - Applicant aggressive and bullied employee of client during second incident - Disciplinary procedure flawed - Applicant given opportunity to comment on swearing incident but not second incident - Usually flaw of that kind would render dismissal unjustified - However, although investigation incomplete, employer had enough information on which to reasonably form view that applicant's aggressive behaviour unacceptable - Finely balanced as to whether dismissal unjustified but contributory fault such that no remedies warranted, or dismissal justified - Ultimately, applicant's behaviour and refusal to accept obligation to treat customers with courtesy so incompatible with necessary relationship of trust and confidence that dismissal justified - Truck driver |
| Result | Application dismissed ; Costs reserved |
| Number of Pages | 6 |
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