| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 362/08 |
| Hearing date | 11 Aug 2008 |
| Determination date | 21 October 2008 |
| Member | V Campbell |
| Representation | G Casse (in person) ; T O'Rourke |
| Location | Auckland |
| Parties | Casse v Chief Executive, Department of Labour |
| Summary | UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by two warnings – Applicant received letter setting out expected standards of behaviour after applicant swore at Acting Service Manager (“N”) – Authority found letter did not constitute warning and meeting that followed did not constitute disciplinary meeting - Letter not unjustified action leading to disadvantage – Applicant claimed final written warning (“final warning”) was unjustified disadvantage – During facilitated workshop applicant challenged N and walked out of meeting – Disciplinary meeting held - N determined applicant’s conduct amounted to serious misconduct and issued final warning for serious misconduct – Authority found conduct complained of escalated from misconduct to serious misconduct during course of disciplinary process – Employer acting fairly and reasonably would not have escalated matters during disciplinary process without putting applicant on notice – Authority found N significantly influential in decision-making process – Authority satisfied N unable to give matter objective consideration deserved – Found fair and reasonable employer of respondent’s size would have ensured N did not act as decision-maker – Issuing of final warning unjustified – Final warning caused disadvantage as applicant’s employment became more tenuous than if given oral or written warning – Applicant suffered unjustified disadvantage – Remedies – Authority rejected applicant’s claim that workshop was mediation in disguise – Found applicant aware of workshop’s purpose – Applicant’s conduct exemplified type of conduct managers attempting to alter – 50 percent contributory conduct – Evidence of effect of apprehension of loss of job and lack of enjoyment of job as result of final written warning – In making award, Authority took into account that applicant could legitimately have been issued with oral or written warning for conduct – Health and Safety Inspector |
| Result | Application granted ; Compensation for humiliation etc ($1,500) ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 12 |
| PDF File Link: | aa 362_08.pdf [pdf 47 KB] |