| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 126/09 |
| Hearing date | 7 Apr 2009 |
| Determination date | 06 August 2009 |
| Member | P Montgomery |
| Representation | R Thompson ; O Paulsen |
| Location | Christchurch |
| Parties | Ford v Metallic Sweeping (1998) Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant argued staff member aggressive and abusive – Applicant alleged managing director witnessed altercation and failed to intervene when it appeared to be turning physical – Applicant subsequently walked off job – Respondent argued applicant’s conduct suggested impending resignation – Disciplinary meeting held and applicant suspended with full pay – Staff member stated applicant waged campaign against unsafe workplace without informing employer – Respondent dismissed applicant because relationship lacked trust and confidence – Authority found respondent entitled to decide applicant’s conduct amounted to serious misconduct which went to heart of employment relationship – Dismissal justified – UNJUSTIFIED DISADVANTAGE – Applicant argued suspension was unjustified action – Found suspension on full pay justified based on allegations workplace unsafe – No unjustified disadvantage – Officer administrator |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Number of Pages | 15 |
| PDF File Link: | ca 126_09.pdf [pdf 57 KB] |