| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 60/06 |
| Hearing date | 11 Apr 2006 |
| Determination date | 04 May 2006 |
| Member | H Doyle |
| Representation | B McDonald ; SG Wilson |
| Location | Christchurch |
| Parties | Te Huia v Elastomer Products Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - Applicant issued with written warning for failing to carry out standard quality check procedures during production process – Open to employer to conclude applicant had opportunity to pick up error before product left company – Serious potential consequences for respondent as result of applicant’s failure – Written warning justified – No unjustified disadvantage – UNJUSTIFIED DISMISSAL – Misconduct - Further quality testing errors – Formal investigation - Applicant dismissed – Verbal notification of purpose and seriousness of disciplinary meetings adequate - Open to respondent to take recent warning concerning similar issue into account – Reasonable to conclude applicant knew how to carry out tests and tests were part of job responsibilities – Failure serious and placed respondent’s business at risk – Investigation procedurally fair – Dismissal justified – Length of service in permanent full-time position with respondent one year nine months – Production labourer/extruder operator |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s103A |
| Number of Pages | 8 |
| PDF File Link: | ca 60_06.pdf [pdf 47 KB] |