| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 144/07 |
| Hearing date | 7 Aug 2007 |
| Determination date | 28 November 2007 |
| Member | J Crichton |
| Representation | G Slevin ; J Goldstein |
| Location | Ashburton |
| Parties | Haussman v Smith & Anor |
| Summary | UNJUSTIFIED DISMISSAL - Misconduct - Applicant refused to sign employment agreement - On balance of probabilities, Authority concluded agreement represented parties bargain - Manager observed applicant yelling at animals and striking them with pipe - Actions led to injury to cow - Manager alleged felt threatened by behaviour - Applicant suspended then summarily dismissed - Use of pipe to assist in management of cows actively discouraged by respondents, but evidence did not support conclusion use of pipe prohibited as no clear instruction to applicant - Behaviour towards co-worker also given as one of grounds for dismissal - Applicant racially abused co-worker, threatened him with violence and refused to work with him - Also made threats against him - Applicant’s belief he held position of authority on farm and entitled to discipline co-worker mistaken – Manager’s version of events with cows preferred - Although process carried out quickly, fair in circumstances - Conclusion of serious misconduct warranting dismissal available to respondents - Dismissal justified - RECOVERY OF MONIES - Counterclaim - Respondents claimed applicant left farm property owing power and rent - Monies due and owing - Farm worker |
| Result | Application dismissed ; Counterclaim granted ; Recovery of monies ($1,154.52) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Cases Cited | Timu v Waitemata District Health Board unreported, Couch, J, 7 June 2007, AC34/07 |
| Number of Pages | 14 |
| PDF File Link: | ca 144_07.pdf [pdf 45 KB] |