| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 26/07 |
| Hearing date | 24 Jan 2007 |
| Determination date | 14 February 2007 |
| Member | G J Wood |
| Representation | G Dewar ; P Mitchell |
| Location | Wellington |
| Parties | Kingsford v Bodyworks Panel & Paint Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - Applicant young, had dyslexia and Asperger's, prone to misunderstanding boundaries - Wages subsidised by Workbridge - Workplace culture blokey" with constant use of swearing - Applicant not subject to ongoing physical and verbal abuse - Respondent took action when applicant assaulted by co-worker - Even though co-worker only warned did not mean applicant unsafe - First warning for behaviour and performance justified - Applicant not to be criticised for leaving work a little early after assaulted - Second warning for absence unfair - Warnings not challenged within 90 days - Relevant to dismissal claim - UNJUSTIFIED DISMISSAL - Serious misconduct - Whether dismissed or resigned - Applicant walked out stating he quit following altercation with owner - Owner angry and advanced at applicant in response to his wholly inappropriate approaches and abusive language - Respondent told within minutes resignation not to be relied on - Clear from respondent's subsequent actions it knew applicant did not really intend to resign - Requirements of natural justice not met - Breach of employment agreement which required disciplinary meeting - Even though owner directly involved in incident not case where behaviour so clear serious misconduct could be safely concluded without investigation - Dismissal unjustified - Remedies - Applicant went on sickness benefit - Not enough to mitigate lost wages - No excuse for abusing owner and already warned about behaviour - Must have known crossed line abusing boss - Substantially responsible for termination - Contributory conduct 2/3rds - Paint and panel" |
| Result | Application dismissed (Disadvantage) ; Application granted (Dismissal) ; Compensation for humiliation etc ($6,000 reduced to $2,000) |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;Health and Safety in Employment Act 2002 |
| Cases Cited | Boobyer v Good Health Wanganui unreported, Goddard CJ, 24 February 1994, WEC 3/94 |
| Number of Pages | 13 |
| PDF File Link: | wa 26_07.pdf [pdf 46 KB] |