| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 168/07 |
| Hearing date | 2 May 2007 |
| Determination date | 08 June 2007 |
| Member | J Wilson |
| Representation | P Devlin ; P Muir |
| Location | Auckland |
| Parties | Richard v Winstone Wallboards Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant dismissed for sleeping during work - Previously found asleep on duty and blamed health issues - Warned could be dismissed if conduct continued - Also informally warned about performance - Disciplinary investigation begun after respondent received photo that appeared to show applicant asleep at work again - Applicant explained doing exercises, not sleeping - Respondent had statement from employee stating at time of photo applicant had not moved for 30 minutes - Employee requested anonymity and name not given to applicant - Respondent did not accept applicant's explanation - Code of conduct classified sleeping as serious misconduct and applicant dismissed - Allegation respondent breached employment agreement not accepted - No evidence respondent took narrow view of disciplinary process - Applicant claimed prejudiced by failure to divulge identity of witnesses - Submitted entitled to know so could raise matters as to witness credibility and motivation - Respondent keen to protect integrity of policy that allowed employees to use anonymous hotline to report inappropriate behaviour - Applicant fully aware of allegations against him and in position to raise any concerns about malicious motivation among small team - Respondent aware of relationships - Applicant not disadvantaged by anonymity - Aware dismissal possible and had opportunity to suggest alternatives or give assurance regarding future behaviour - Applicant not disadvantaged by respondent's failure to put direct questions to him - Respondent justified in concluding applicant guilty of serious misconduct and dismissal appropriate sanction - Dismissal justified |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | Porter v The Board of Trustees of Westlake Girls' High School [1998] 1 ERNZ 377 |
| Number of Pages | 10 |
| PDF File Link: | aa 168_07.pdf [pdf 42 KB] |