| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 285/09 |
| Hearing date | 19 Mar 2009 - 6 May 2009 (2 days) |
| Determination date | 18 August 2009 |
| Member | V Campbell |
| Representation | M Swarbrick ; R Harrison |
| Location | Auckland |
| Parties | Mika v Bridgestone New Zealand Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Misconduct – Respondent claimed dismissal result of applicant not following previously agreed process after warnings – Respondent claimed applicant was unsatisfactory employee with ongoing issues of lateness, absenteeism, poor work performance and communication – Following disciplinary meeting applicant dismissed – Applicant submitted respondent failed to follow own policies in relation to representation at meetings – Authority found statement not part of written policy in code of conduct and applicant well versed in disciplinary procedures and declined offer of representation – Found respondent’s actions in dismissing applicant reasonable in circumstances – Dismissal justified – Fleet serviceman |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Number of Pages | 7 |
| PDF File Link: | aa 285_09.pdf [pdf 37 KB] |