| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 155/07 |
| Hearing date | 19 Sep 2007 |
| Determination date | 18 December 2007 |
| Member | J Crichton |
| Representation | S Wilson ; A Shaw |
| Location | Christchurch |
| Parties | Stevens v Sticky Fingers 2006 Ltd |
| Summary | UNJUSTIFIED DISMISSAL - UNJUSTIFIED DISADVANTAGE - Misconduct - Applicant involved in altercation with manager - Suspended pending disciplinary investigation and then dismissed for abusive behaviour and failure to follow reasonable instruction - Applicant previously involved in altercation with same manager - Lack of resolution led to second confrontation - Respondent’s evidence preferred - Applicant refused reasonable instruction not to persevere with discussion in front of customers and staff but to continue it during work hours - Reasonable for respondent to prefer witness accounts to video surveillance tape in circumstances - Overall process adopted by respondent fair - Although applicant unable to comment on decision to suspend him prior to investigation it was course of action available and appropriate in circumstances - Failure to seek input into decision no more than technical breach - Substantive conclusions as to applicant’s behaviour and insubordination reasonable - No disadvantage - Dismissal justified - Bar manager |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 10 |
| PDF File Link: | ca 155_07.pdf [pdf 36 KB] |