| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 132/07 |
| Hearing date | 6 Sep 2007 |
| Determination date | 25 September 2007 |
| Member | D Asher |
| Representation | S Brennan ; T Hayes |
| Location | Wanganui |
| Parties | Cole v Axiam Plastics Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - Disciplinary meeting held after applicant brought air gun to work and fired “some rounds” - Applicant claimed given choice between demotion or dismissal - Respondent contended prepared dismissal letter but decided in circumstances final warning more appropriate - Denied applicant ever permanently appointed to supervisor position so no demotion - Appointment to supervisor position on trial basis only - After investigation into air gun incident respondent fairly and reasonably concluded applicant not suitable for position and remove him from it - Not unjustifiably disadvantaged by demotion - UNJUSTIFIED DISMISSAL - Misconduct - Applicant dismissed after altercation with manager while trying to obtain employment file - Witness evidence supported contention applicant threatening and verbally abusive - Having regard to serious misconduct with air gun, decision to dismiss reasonable - Not necessary to make finding as to fairness of process as contributory fault would disentitle applicant to any remedies - Dismissal justified - Process worker |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Number of Pages | 8 |
| PDF File Link: | wa 132_07.pdf [pdf 30 KB] |