| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 177/09 |
| Hearing date | 27 Apr 2009 |
| Determination date | 03 June 2009 |
| Member | A Dumbleton |
| Representation | J Chen (in person) ; L Caughley |
| Location | Auckland |
| Parties | Chen v New Zealand Sugar Company Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – Written warning - Applicant received oral warning from manager (“G”) at end of disciplinary meeting – G confirmed warning in writing and advised would remain on file for 6 months, then be destroyed – Applicant resigned before warning expired – Applicant raised disadvantage grievance and claimed disadvantage caused resignation – Applicant sought apology and compensation – Applicant confirmed in investigation meeting that dismissal grievance not raised – Authority found dismissal grievance not raised within 90 day period regardless – Respondent arranged counselling with applicant regarding workplace relationships – Respondent sent to applicant written record of ground rules and guidelines, and advised failure to improve behaviour could lead to disciplinary action – G considered applicant’s subsequent behaviour disrespectful, argumentative and lacking in team spirit – G issued warning – Authority found warning ineffective as disciplinary warning – Found not a warning – Found respondent had not sought to rely on ‘warning’ for any subsequent purpose – Found no disadvantage to applicant’s employment – Found ‘warning’ on file justified – Found respondent’s actions fair and reasonable – Found G advised ‘warning’ duration short and would be destroyed – Found respondent did not encourage applicant to resign – No unjustified disadvantage - Procurement controller |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s103A;ERA s114 |
| Cases Cited | Griffith v Sunbeam Corporation Ltd unreported, Couch J, 28 Jul 2006, WC 13/06 |
| Number of Pages | 6 |
| PDF File Link: | aa 177_09.pdf [pdf 20 KB] |