| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 128/08 |
| Hearing date | 12 Aug 2008 - 13 Aug 2008 (2 days) |
| Determination date | 26 September 2008 |
| Member | P R Stapp |
| Representation | S Mitchell, P Wintringham ; A Isac, A Bell |
| Location | Wellington |
| Parties | Paki v Levin Meats Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious misconduct – Respondent argued applicant organised illegal strike action, breached duty of loyalty and fidelity through comments to media, and failed to follow lawful instructions to return to work or leave premises – After investigation into incident, disciplinary procedure culminated in applicant’s dismissal – Other suspended employees returned to work - Authority found fair and reasonable employer would not have concluded that applicant deliberately and wilfully organised group in failing to start work and leave premises – Found other employees also involved in above allegations – Applicant treated differently from all other employees who were permitted to return to work – Respondent failed to explain why applicant singled out – Respondent failed to explain why concluded applicant deliberately and wilfully breached duty of fidelity and loyalty by talking to media, when applicant could explain parts of allegation – Found fair and reasonable employer would have had more evidence than that relied upon given gravity of allegations – Fair and reasonable employer might have concluded group was acting together given existence of group employment problems and fact that applicant was recognised elected room representative – Respondent failed to talk to applicant when applicant requested when group not starting work – Noted both parties did not engage in best practice to resolve problems – Applicant should have known employees were putting themselves at risk by not starting work – Applicant unjustifiably dismissed – Remedies – Applicant sought reinstatement - No evidence that reinstatement impracticable – Reinstatement awarded as primary remedy – Applicant contributed to situation because group relied on applicant as elected room representative and there were more appropriate alternative measures to address problems – Applicant refused to carry out lawful instructions – Contributory conduct to decrease compensation award – Meat worker |
| Result | Application granted ; Reinstatement ordered ; Compensation for humiliation etc ($1,500) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s124 |
| Number of Pages | 15 |
| PDF File Link: | wa 128_08.pdf [pdf 56 KB] |