| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 74/06 |
| Hearing date | 6 Apr 2006 |
| Determination date | 22 May 2006 |
| Member | H Doyle |
| Representation | P Cranney ; R Thompson |
| Location | Christchurch |
| Parties | Rota v Sea Products Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Summary dismissal - Failure to obey lawful and reasonable instruction - Heated argument took place between applicant and two other employees - Applicant repeatedly refused to leave factory floor as asked - Union delegate told applicant not to leave factory floor and go upstairs unless delegate was with her - In most circumstances a fair and reasonable employer should let a union delegate persuade an employee to obey lawful and reasonable instruction - Supervisor said she would have no difficulty with delegate accompanying applicant off factory floor but applicant refused to leave factory floor as instructed - Not satisfied supervisor's refusal to let delegate talk to applicant sufficient to render lawful and reasonable instruction unlawful and unreasonable - Applicant not in such emotional state to be unable to comprehend instruction and leave floor - No breach of provision giving entitlement to representative - Refusal to follow several instructions deliberate and wilful - Not a situation where supervisor had refused to allow delegate to accompany applicant off floor - Not satisfied there were matters relied on that were not put to applicant - Full and fair investigation - Lawful and reasonable instruction - No predetermination - Justified dismissal - Length of service four months - Factory hand |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s103A |
| Cases Cited | NZ Printing etc IUOW v Clark & Matheson Ltd [1984] ACJ 283;Wellington Clerical Workers IUOW v College Group Ltd [1984] ACJ 315 |
| Number of Pages | 9 |
| PDF File Link: | ca 74_06.pdf [pdf 49 KB] |