| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 35/09 |
| Hearing date | 25 Nov 2008 - 26 Nov 2008 (2 days) |
| Determination date | 09 February 2009 |
| Member | Y S Oldfield |
| Representation | R Pool ; M Round |
| Location | Auckland |
| Parties | Gwilt v Briggs & Stratton New Zealand Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious misconduct - Applicant claimed unjustifiably dismissed following refusal to run technical training services (“TTS”) – Applicant’s duties included running of TTS - Applicant trained in Technical Update Seminar (“TUS”) and Hydrogear Training School (“HGTS”) to prepare for duties – Applicant received positive performance reports – Applicant did not complete Authorised Field Service School (“AFSS”) due to course moving to later date – Respondent expected applicant to present all courses independently when AFSS completed - Applicant claimed firstly, training and teaching tools inadequate and secondly, needed trip to parent company to perform required duties – Respondent claimed applicant’s presentation skills in TUS and HGTS sufficient and trip not required – Authority found respondent made adequate provision for applicant to run all TTS once AFSS completed – Found teaching still possible with outdated teaching tools – Respondent instructed applicant to prepare training calendar - Applicant claimed inadequately trained and respondent offered assistance - Applicant declined assistance and said calendar would be prepared – Calendar not prepared – Respondent held meeting proposing applicant stay in current position and prepare calendar or move to new position – Applicant continued to refuse duties until further training provided – Applicant dismissed - Found reasonable for respondent to conclude applicant’s refusal to carry out duties a serious misconduct – Found respondent acted in good faith – Found respondent made clear why further training not needed, offered support and proposed an alternative position – Found dismissal procedurally unjustified as no warning given – Dismissal unjustified – REMEDIES – Found 50 percent contributory conduct – Applicant lacked appreciation for effects of own behaviour – Reimbursement of three months lost wages – Found applicant entitled to loss of company vehicle - Found $12,000 compensation appropriate – Technical, Training and Warranty Manager |
| Result | Application granted ; Reimbursement of lost wages ($15,132.75 reduced to $7,566.38) ; Compensation for humiliation etc ($12,000 reduced to $6,000) ; Loss of benefit ($3,446.25 reduced to $1,723.13)(Vehicle) ; Holiday pay ($605.31 reduced to $302.65) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Number of Pages | 16 |
| PDF File Link: | aa 35_09.pdf [pdf 58 KB] |