| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 104/07 |
| Hearing date | 26 Jun 2007 |
| Determination date | 27 August 2007 |
| Member | R Arthur |
| Representation | J Angus ; T McGinn |
| Location | Christchurch |
| Parties | Ashton v PMP Print Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Two years before Soccer World Cup applicant joined syndicate fundraising to attend - Respondent knew applicant in syndicate - Claimed discussed leave with manager who said “shouldn’t be a problem” - Formally requested five weeks leave, but leave refused - Offered three weeks leave instead - Applicant had booked flights - Applicant went to Cup for five weeks - On return, dismissed for serious misconduct - Respondent did not unequivocally commit itself to applicant taking extended leave - Respondent's conclusion that applicant's suggested cover while on leave would not meet its business needs, not unreasonable - Respondent took reasonable steps to accommodate leave request - Refusal of leave justified - Did not amount to unreasonable withholding of consent to leave - Applicant's commitment to travel without confirming leave less than satisfactory, and lay at heart of problem - Statutory good faith obligations to be responsive and communicative lay equally with employee as with employer - Evidence did not support applicant's allegation refusal of extended leave was personal vendetta due to applicant's role as union delegate during strike action - Applicant's act wilful and deliberate act of disobedience - Clearly aware of consequences of actions in advance - Fair and reasonable employer would have considered it serious misconduct fatally undermining trust and confidence - No serious challenge to fairness of disciplinary process - Summary dismissal open to respondent - Dismissal justified - Senior engineer |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;Holidays Act 2003 s18(1);Holidays Act 2003 s18(2);Holidays Act 2003 s18(3);Holidays Act 2003 s18(4) |
| Cases Cited | Air New Zealand Ltd v Hudson [2006] 1 ERNZ 415;Brownless v Tasman Pulp & Paper Co Ltd [1994] 2 ERNZ 647;Good Health Wanganui v Burberry [2002] 1 ERNZ 668;Kostic v Dodd & Milligan t/a Allan Milligan Cars and/or Motorworld Systems Ltd unreported, Couch J, 11 July 2007, CC 14/07;Whangarei College Board of Trustees v Lewis [2000] 1 ERNZ 397 |
| Number of Pages | 15 |
| PDF File Link: | ca 104_07.pdf [pdf 49 KB] |