| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 137/08 |
| Hearing date | 28 Feb 2008 |
| Determination date | 11 April 2008 |
| Member | R A Monaghan |
| Representation | F Farnan (in person) ; J Phipps |
| Location | Auckland |
| Parties | Farnan v Blacktop Construction Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Poor performance – Respondent concerned applicant without authorisation, ordered unnecessary repairs which cut across respondent’s procedures and lines of authority – Respondent’s manager (“E”) informally instructed applicant not to carry out mechanical repairs unless instructed by E or other supervisors – Applicant received first warning for authorising repair by agent with no service agreement with respondent – Applicant acknowledged mistake and stated failed to contact E because did not wish to question E – First warning stated final warning would be issued for similar behaviour – Applicant received final written warning for failing to report fault and instructing electrician to undertake repair without authorisation – Applicant argued attempted to contact supervisors but none available – Authority found applicant clearly instructed to contact E if problem – Third incident where applicant instructed by E to collect axles and store them in a particular location – Applicant found location already used and wrongly concluded location used upon E’s instruction – Applicant and co-worker stored axles in another location – E concluded location used unsuitable and applicant failed to communicate that E’s instruction could not be followed – Applicant accepted mistakes but argued not deliberately disobedient – E concluded applicant be dismissed – E offered applicant employment for a “couple of months” until found another job – Authority accepted dismissal imposed for genuine reasons – Authority found individually incidents which led to dismissal trivial but symptoms of significant underlying problem – Found applicant continued to exceed boundaries that were expressly conveyed by respondent – Found cumulative effect that respondent lost trust and confidence in applicant – Dismissal justified – Mechanic/serviceperson |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 7 |
| PDF File Link: | aa 137_08.pdf [pdf 25 KB] |