| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 30/02 |
| Determination date | 19 April 2002 |
| Member | G J Wood |
| Representation | K Stringleman ; T Cleary |
| Location | Wellington |
| Parties | Stevenson v Richmond Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious Misconduct - Whether decision to dismiss open to fair and reasonable employer - Abusive and racist comment made about supervisor - Comments made within confines of on-site union office - Overheard by supervisor - Complaint made - Previous warnings about angry and abusive comments - Warnings clearly outlined any further anger-related conduct would result in dismissal - Applicant conceded dismissal process was fair - Final warning extended by subsequent warning - Conduct in question sufficient to justify warning - Applicant had extinguished all warning options - Dismissal was open to respondent in circumstances |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Northern Distribution Union v Newmans Coach Lines Ltd [1989] 2 NZILR 677;Northern Hotel etc IUOW v Johannink (No2) [1992] 2 ERNZ 917 |
| Number of Pages | 10 |
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