| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 173/08 |
| Hearing date | 13 Feb 2008 - 14 Feb 2008 (2 days) |
| Determination date | 09 May 2008 |
| Member | A Dumbleton |
| Representation | C Patterson ; E Brown |
| Location | Auckland |
| Parties | McDonald v Integrated Foods Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Misconduct - Poor performance - Applicant rejected request for meeting to discuss respondent’s concerns about conduct and performance - Applicant’s dealings with respondent became unnecessarily legalistic, adversarial and confrontational - Respondent remained accommodating - No reason applicant could not have attended meeting - Respondent did not act unreasonably in rejecting late request for mediation before disciplinary meeting - Respondent’s conclusion to dismiss reached after full and fair investigation - Had reasonable grounds for belief job not performed to required standard in several major respects - Northern Distribution Union v Newmans Coach Lines Ltd (cited below) considered bad law on summary dismissal for misconduct or poor performance - Made clear in Northern Distribution Union v BP Oil Ltd (cited below) that summary dismissal justified for conduct that deeply impairs or is destructive of basic confidence or trust - While applicant’s actions may not have destroyed trust and confidence, his aversion to meeting meant little chance for respondent to see if situation could be rescued - Not reasonable to expect respondent to continue to employ applicant in circumstances - Conduct seriously undermined or damaged employment relationship - Fair and reasonable employer would have dismissed in all the circumstances - Dismissal justified - Farm manager |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s4(1A);ERA s103A;ERA s122;ERA s160(3) |
| Cases Cited | Airline Stewards’ and Hostesses of NZ IUOW v Air New Zealand Ltd [1990] 3 NZILR (CA) 584;Murphy v Steel & Tube New Zealand Ltd unreported, Couch J, 16 October 2007, CC18/07;Northern Distribution Union v BP Oil Ltd [1992] 3 ERNZ 483;Northern Distribution Union v Newmans Coach Lines Ltd [1989] 2 NZILR 677;McDonald v Integrated Foods Ltd unreported, A Dumbleton, 21 December 2007, AA 406/07 |
| Number of Pages | 13 |
| PDF File Link: | aa 173_08.pdf [pdf 54 KB] |