Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 167/08
Hearing date 28 Apr 2008
Determination date 06 May 2008
Member A Dumbleton
Representation J Coyle ; S Langton
Location Auckland
Parties Flynn v General Distributors Ltd
Summary UNJUSTIFIED DISADVANTAGE - Applicant sought compensation for, and removal of, warning from employment file - Applicant chose new locker in more secure location, because old locker broken into - Respondent did not challenge the relocation - Respondent required locker for employees with greater need - Employer repeatedly requested that applicant relocate locker - Without proper reason, applicant refused to attend two disciplinary meetings to discuss failure to comply with employer’s instructions - Employer reasonably and lawfully removed possessions from locker and returned them to applicant - Removal by employer not breach of work rules - Requests to relocate locker not harassment or intimidation - Final warning placed on applicant’s file for failing to comply with instruction - Warning since expired - Applicant’s rejection of opportunity to discuss matter, contrary to good faith obligation owed to employer - Customary aspect to use of lockers - Provision of locker benefit, not entitlement - Reasonable and lawful instruction - Employer entitled to ensure compliance - Warning justified - Application dismissed - 2IC
Result Application dismissed ; Costs in favour of respondent ($500)
Main Category Personal Grievance
Statutes ERA s103A
Number of Pages 7
PDF File Link: aa 167_08.pdf [pdf 27 KB]