| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 27/07 |
| Hearing date | 1 Feb 2007 |
| Determination date | 09 February 2007 |
| Member | R Arthur |
| Representation | A Schaaf ; J Douglas |
| Location | Auckland |
| Parties | Pulu v Guardian Healthcare Group Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - Name of respondent amended due to amalgamation and take over - Applicant given final warning after patient suffered broken leg as result of breach of lifting policy - Warning based on conclusions reasonably open to respondent - Warned failure to comply with lifting policy or any other breaches or performance concerns would result in dismissal - No unjustified disadvantage - UNJUSTIFIED DISMISSAL - Misconduct - Dismissed for being late to work in breach of house rules - Applicant admitted late, of no consequence exact date not determined - Employment agreement stated employee on final warning may be dismissed if the misconduct or non-performance occurred again" - Use of "the" required repeat of same kind of behaviour subject of warning - Warning not able to override employment agreement - Respondent not able to say because warned when could have dismissed, could now make severe decision on minor offence - Authority not persuaded by allegation warning and dismissal to punish applicant for giving information to police investigation into co worker - Dismissal unjustified - Remedies - Serious breach of lifting policy and final warning important part of context - Late without good reason - Contributory conduct 25 percent - Caregiver" |
| Result | Application dismissed (Disadvantage) ; Application granted (Dismissal) ; Reimbursement of lost wages (14 weeks reduced to 12 weeks) ; Compensation for humiliation etc ($3,000 reduced to $2,250) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | Companies Act 1993;Companies Act 1993 s225 |
| Cases Cited | Carter Holt Harvey Ltd v McKernan [1998] 3 NZLR 403;Pulu v Guardian Healthcare Ltd unreported, R Arthur, 3 May 2006, AA 153/06;Trade Mart Ltd v B A Wilkinson unreported, Master Faire, 6 August 2002, HC Hamilton, CP 38/01 |
| Number of Pages | 9 |
| PDF File Link: | aa 27_07.pdf [pdf 105 KB] |