| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 153/07 |
| Hearing date | 18 May 2007 |
| Determination date | 18 May 2007 |
| Member | L Robinson |
| Representation | A Sheriff (in person) ; J Trotman |
| Location | Auckland |
| Parties | Sheriff v R.W. & A.C. King Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Summary dismissal - Serious misconduct - Applicant retrieved one of two deliveries from respondent's depot on shift - Manager unsuccessfully attempted to contact him - Respondent's director went to delivery address to raise matter with applicant - Differing accounts of what occurred - Applicant claimed director blocked his truck, yelled at him, and told him to get out of truck - Director's evidence preferred - Director instructed applicant to pick up other delivery, but he refused - Claimed had completed assigned delivery for working day and was going to appointment - Informed applicant because refused to follow instructions, was dismissed - Applicant drove away - Director issued instructions within applicant's working hours - Entitled to direct applicant to make delivery - Applicant refused to comply with lawful and reasonable instruction - No need for further enquiry or investigation in face of applicant's direct and open defiance - Applicant's deliberate refusal to comply evidenced an intention not to be bound by terms of employment agreement - Repudiatory conduct - Respondent entitled to regard agreement at an end - Actions and how it acted those of fair and reasonable employer - Dismissal justified - Delivery driver |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Number of Pages | 5 |
| PDF File Link: | aa 153_07.pdf [pdf 22 KB] |