| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 137/09 |
| Hearing date | 9 Jul 2009 |
| Determination date | 27 August 2009 |
| Member | J Crichton |
| Representation | A Shakespeare ; D Carruthers |
| Location | Greymouth |
| Parties | Chapman v Glacier Helicopters Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Misconduct – Applicant alleged unjustifiably disadvantaged by respondent in suspension process and unjustifiably dismissed – Applicant sought permanent reinstatement plus compensation – Respondent argued applicant justifiably dismissed for misconduct – Applicant suspended following altercation with customer services officer – Respondent declined to provide applicant with copies of negative reports about altercation – By way of letter respondent proposed to lift suspension on compliance with certain conditions – Applicant instructed lawyer to negotiate matters – Applicant anxious about reference in letter to misconduct – Applicant wanted access to written complaints – Applicant entered premises to collect mail – Applicant text staff member to establish who had made reports about altercation – Respondent considered actions indicative of personal style and designed to intimidate staff members – Applicant instantly dismissed – Authority found suspension fair – Respondent’s evidence accepted that applicant refused to engage with respondent about suspension – Applicant’s confusion about allegation of misconduct unfounded – Found altercation undoubtedly misconduct – Applicant shattered trust and confidence with employer by entering premises and texting staff member – Dismissal justified – Found disclosure of negative reports would have caused further and significant upset in workplace – Found applicant not disadvantaged by action of employer – Helicopter pilot |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 10 |
| PDF File Link: | ca 137_09.pdf [pdf 36 KB] |