| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 71/01 |
| Determination date | 18 December 2001 |
| Member | P Cheyne |
| Representation | R Davidson ; K O'Donahue |
| Location | Christchurch |
| Parties | Fergusson v Totalisator Agency Board |
| Summary | UNJUSTIFIED DISMISSAL - Summary dismissal - Serious misconduct - Disconnected call from customer - Cautioned by manager - Recordings of applicant's calls listened to - Pattern of disconnecting calls before and after caution - Full and fair investigation - Whether conduct could be regarded as serious misconduct - Prolonged practice - Intentionally avoided doing what employed to do - Repeated behaviour after caution - Entitled to conclude behaviour deeply impaired employment relationship - Dismissal was justified - UNJUSTIFIED DISADVANTAGE - Suspension - Prospect of suspension not raised with applicant - Suspension was on pay for limited period of time - Applicant did not protest at time - No detriment - No disadvantage - Call centre operator |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Corbett v Urgent Couriers Ltd unreported, J Wilson, 25 May 2001, AA 56/01;Morris v Tairawhiti Health Board unreported, YS Oldfield, 29 October 2001, AA 170/01;Northern Distribution Union v BP Oil NZ Ltd [1992] 3 ERNZ 483;Sloggett v Taranaki Health Care Ltd [1995] 1 ERNZ 553;W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448 |
| Number of Pages | 4 |
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