| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 384/07 |
| Hearing date | 12 Jun 2007 - 13 Jun 2007 (2 days) |
| Determination date | 05 December 2007 |
| Member | R A Monaghan |
| Representation | K Beck ; R McIlraith |
| Location | Rotorua |
| Parties | Pryor v Norske Skog Tasman |
| Summary | UNJUSTIFIED DISADVANTAGE - Applicant union site delegate - Claimed warnings issued to him because of union activities - First warning related to co-worker working overtime - Manager sought to have co-worker stay on but applicant instructed him to go home - Applicant felt respondent taking advantage of employees who felt unable to decline requests to work - Authority did not accept concern well-founded and did not excuse applicant’s behaviour - Manager complained about applicant’s - Investigation resulted in written warning - Applicant not merely disagreeing with manager but deliberately defied him - First warning justified - Second warning result of applicant following union secretary’s direction to shut down plant machinery as machine supervisor unavailable - Respondent had instructed him to keep machine running - Behaviour considered serious misconduct and final warning issued - Warning influenced by respondent’s incorrect conclusion applicant’s safety concern not genuine, although conclusion affected by applicant’s poor communication and aggravated by failure to observe obligation to consult before shutdown - Element of wilful disobedience in shutdown, but nature and extent of culpability rested on different grounds from those found by respondent - Conversations at time indicated circumstances not as straightforward as mere refusal to obey instruction - Fair and reasonable employer would have taken this into account - Unjustified disadvantage - Remedies - Circumstances did not call for remedy - Alternatives to shutdown should have been discussed before shutdown - Substantial contribution - DISCRIMINATION - Warnings not issued because of union activities - No discrimination - Machine tender |
| Result | Application granted in part ; Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | Northern Distribution Union v BP Oil NZ Ltd [1992] 3 ERNZ 483;Wellington etc Clerical etc Workers IUOW v College Group Ltd [1984] ACJ 315 |
| Number of Pages | 20 |
| PDF File Link: | aa 384_07.pdf [pdf 59 KB] |