| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 258/06 |
| Hearing date | 18 Jul 2006 |
| Determination date | 08 August 2006 |
| Member | M Urlich |
| Representation | Frances Sabbineni ; Jo Douglas |
| Location | Auckland |
| Parties | Moe v Mt Roskill Panelbeaters & Spraypainters Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Poor performance - Applicant alleged dismissal premeditated and procedurally unfair - Applicant absent without explanation after altercation with Managing Director (MD") - On return to work asked to meeting by MD - While not told purpose of meeting, given circumstances and advice to bring "referee", Authority did not accept applicant unaware of purpose - Applicant submitted did not receive fair notice of possible consequences - Had already received warning and had other disciplinary issues drawn to his attention - On notice employment in jeopardy - Given conduct, would have been reasonably apparent serious disciplinary consequences could result - No evidence to support allegation of predetermination - MD put concerns to applicant and gave him opportunity to respond - Applicant gave minimal explanation - MD alert to possible mitigating circumstances and asked if applicant wanted to raise any issues - Entitled to accept reply he did not - Dismissal justified - Length of service seven months three weeks - Paint technician" |
| Result | Application dismissed ; Costs reserved |
| Number of Pages | 3 |
| PDF File Link: | aa 258_06.pdf [pdf 49 KB] |