| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 118/02 |
| Hearing date | 15 Apr 2002 |
| Determination date | 26 April 2002 |
| Member | R A Monaghan |
| Representation | J Cox ; J O'Connell |
| Location | Auckland |
| Parties | Dustin v Alstom Network Services Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Sale of business - Previously worked weekend shifts - Request to be exempted from weekend shifts declined just prior to sale - New collective agreement with offer of work from respondent following sale - Cover letter containing requirement to work weekends signed by applicant - Another letter sent to respondent advising of inability to work weekends - Failed to work rostered weekends - Medical certificates provided on two occasions - Failure to provide medical records to company doctor for second opinion - Later stated that working weekends against religious and ethical beliefs - Letter stating unable to work weekends amounted to announcement of intention to breach essential term of agreement - Lack of credibility in reasons for not working weekends - Disciplinary meetings procedurally fair - Dismissal justified - Data installation technician |
| Result | Application dismissed ; Costs reserved |
| Number of Pages | 6 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |