| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 70/08 |
| Hearing date | 11 Mar 2008 |
| Determination date | 21 May 2008 |
| Member | P Cheyne |
| Representation | G Jones ; T McGinn |
| Location | Christchurch |
| Parties | Ballantyne v Waikene Adventures Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Misconduct - Applicant dismissed following altercation with manager - Applicant alleged punched by manager - Applicant “really mad” before meeting - Manager claimed applicant swore at him and roughly pushed him aside - Manager’s version of events preferred - No reason for manager to be aggressor and evidence applicant had explosive temper - Applicant later apologised for “language” - Manager reported incident to directors and police - Applicant summarily dismissed - Respondent acknowledged did not follow fair process - Dismissal unjustified - Remedies - Manager did not provoke applicant - Dismissal arose from applicant’s behaviour - Highly probable justified dismissal would have ensued - Contributory conduct 100% - Applicant also alleged respondent implied employment and bonus would be jeopardised if pursued claim for statutory holiday entitlement - Respondent’s evidence nothing threatening in discussion preferred - ARREARS OF WAGES AND HOLIDAY PAY - Applicant did not meet conditions for bonus - Parties to calculate holiday pay owing - Interest 10 percent - Farm manager |
| Result | Application granted ; Arrears of holiday pay (Quantum to be determined) ; Interest (10%) ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 9 |
| PDF File Link: | ca 70_08.pdf [pdf 34 KB] |