| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 344/06 |
| Hearing date | 8 Sep 2006 |
| Determination date | 13 November 2006 |
| Member | Y S Oldfield |
| Representation | S Mitchell ; G Malone |
| Location | Auckland |
| Parties | Reid v AFFCO New Zealand Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious misconduct - Applicant Branch Secretary for union – Advised employees arriving for morning shift there would be meeting of delegates and shift would start 30 minutes late – Respondent did not consent to meeting or delayed start – No dispute this was unlawful work stoppage – Dismissed for insisting employees take the illegal action of refusing to start work – Applicant held genuine belief that unrest at site had reached point where at least some members had decided industrial action appropriate – Applicant authorised to act by union and its members – Actions for which he was dismissed were taken in his capacity as union delegate and not as employee – Role of representative is not an incident of the employment relationship and is distinct from position for which representative may be employed – To hold applicant individually responsible for actions of members on site contrary to principles in Employment Relationship Act 2000 (ERA") – Performance and conduct in capacity as Branch Secretary for union to address – Employer may not take direct action over these matters as that would endanger union independence – Should union representative breach good faith obligations or ERA matter can be taken up with union and addressed through dispute resolution procedures of ERA – Dismissal not substantively justified – Unjustified dismissal – Remedies – Reinstatement appropriate - Length of service twenty years - Meat processing employee" |
| Result | Application granted ; Reinstatement ordered ; Reimbursement of lost wages (Four weeks) ; Compensation for humiliation etc ($2,500) ; Costs reserved |
| Statutes | ERA s3;ERA s3(b);ERA s4(2)(c);ERA s11;ERA s11(1)(d);ERA s18;ERA s18(1);ERA s103A;ERA s104;ERA s104(1)(b);ERA s107;ERA s107(a);ERA s107(g);ILO Convention 87;ILO Convention 98 |
| Number of Pages | 8 |
| PDF File Link: | aa 344_06.pdf [pdf 57 KB] |