| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 154/07 |
| Hearing date | 30 Aug 2007 |
| Determination date | 21 November 2007 |
| Member | P R Stapp |
| Representation | S Moran, A Hughes ; T Cleary |
| Location | Wellington |
| Parties | Vakapuna v PPCS Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Misconduct - Applicant took break without arranging cover for position on production line - Manager noticed gap and went looking for applicant - Parties involved in altercation when applicant returned but events disputed - Manager laid formal complaint against applicant for speaking to him in threatening and abusive manner - Respondent spoke to witnesses but received conflicting reports - Chose to believe manager and applicant dismissed - Not enough information or consistency for fair and reasonable employer to conclude serious misconduct - Did not interview witness suggested by applicant - Respondent also took into account previous incident without putting it to applicant - Dismissal unjustified - Remedies - Applicant’s reaction to reasonable question inappropriate and partly caused situation - Contributory conduct 40 percent - Respondent opposed reinstatement, and applicant not convincingly remorseful, but deserved chance to prove reinstatement could work - Team leader had no issue with applicant and those involved in incident did not directly deal with applicant - Reinstatement ordered - Spreader |
| Result | Application granted ; Reimbursement of lost wages (3 months reduced by 40%) ; Reinstatement ordered ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Number of Pages | 14 |
| PDF File Link: | wa 154_07.pdf [pdf 56 KB] |