| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 96/06 |
| Determination date | 28 June 2006 |
| Member | J Crichton |
| Representation | PR Solomon (in person) ; V Bracken |
| Location | Christchurch |
| Parties | Solomon v Vertical Roofing Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Relationship between parties was so tense had to be seen separately by Authority - Applicant used cell phone at work in breach of site policy - Whether dismissed or abandoned employment - On balance of probabilities, more likely than not applicant's recollection of events accurate and impetus for termination from manager - Dismissal - Whether dismissal justified - Applicant claimed unaware of site policy - Manager claimed policy well known in workplace and had given reminders and warnings to applicant - Manager's evidence accepted - Applicant failed to comply with reasonable instruction - Given reasonable opportunity to comply - Fair and reasonable employer would have dismissed in the circumstances - Dismissal justified - Applicant alleged manager verbally abused and physically intimidated him - Incident took place after dismissal so not relevant - Unfair pay deduction claim dismissed - Length of service not specified - Roofer |
| Result | Application dismissed ; Costs to lie where they fall |
| Number of Pages | 7 |
| PDF File Link: | ca 96_06.pdf [pdf 38 KB] |