| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 399/07 |
| Hearing date | 15 Nov 2007 |
| Determination date | 18 December 2007 |
| Member | J Scott |
| Representation | G Ogilvie ; R Stewart |
| Location | Hamilton |
| Parties | Borrell-Johnson v UBP Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Misconduct - Applicant skilled employee but observance of hygiene regulations very poor - Received numerous warnings for dirty gear, including final warning - Respondent ignored next failure to pass inspection, but dismissed when also failed following week - Applicant alleged no opportunity to discuss matter - Also claimed gear met required standard - Credibility finding in favour of respondent - Applicant had cavalier attitude to strict hygiene requirements of job - Respondent entitled to rely on earlier warnings - Authority satisfied applicant failed inspection, no further investigation required other than to put concerns to applicant - Process not perfect but essence of fair procedure present - Although decision to dismiss effectively made before applicant spoken to, fair and reasonable employer would have taken same approach in circumstances - Also, clear respondent did not want to dismiss applicant and had looked for ways around its own rules to give him another chance - Had applicant offered anything in mitigation respondent would have considered it - Dismissal justified - PENALTY - Applicant sought penalty for respondent’s refusal to attend mediation - Employment agreement referred to mediation but not mandatory - Respondent also failed to comply with direction to mediation from Authority but no penalty provided for in Employment Relations Act 2000 for breach of direction to mediation - Matter to be considered in costs setting - Boner |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Cases Cited | Air New Zealand v Hudson [2006] 1 ERNZ 415 |
| Number of Pages | 9 |
| PDF File Link: | aa 399_07.pdf [pdf 41 KB] |