| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 320/09 |
| Hearing date | 16 Apr 2009 - 25 May 2009 (2 days) |
| Determination date | 07 September 2009 |
| Member | R A Monaghan |
| Representation | G Clarke ; S Mitchell |
| Location | Auckland |
| Parties | Searancke v Service and Food Workers Union Nga Ringa Tota Inc |
| Summary | UNJUSTIFIED DISMISSAL – Following complaint about way applicant fulfilled duties, applicant transferred to another office to relieve tensions – Applicant also issued with warning including performance improvement plan – Performance improvement plan included requirement that weekly diary sheets be completed and set out appropriate conduct towards members and colleagues – Disciplinary meeting held to address an offensive incorrectly addressed email message, failing to contribute for private use of vehicle, using union’s fuel card while on leave, and failing to provide weekly worksheets – Applicant dismissed – Respondent relied on provision of warning in support of justification for dismissal – Authority found private use of vehicle not part of warning – Found provision of weekly diary sheets not part of warning – Found requirements to be mindful of professional obligations part of performance plan rather than warning but closely linked with conduct underlying warning – No breach of email policy as email intended to have limited circulation – Found not everyone produced worksheets every week which diminished weight given to matter in decision to dismiss – Found email similar to conduct covered by warning but not misconduct – Found use of vehicle and union fuel card less serious misconduct – Found failure to complete weekly worksheets minor misconduct – Found warning could be relied upon but further misconduct leading to dismissal not similar – Found conduct did not amount to serious misconduct – Dismissal unjustified – REMEDIES – Found workplace relationship dysfunctional and position filled – Reinstatement declined – Applicant entitled to reimbursement of 3 month’s lost wages – Applicant awarded $6,000 compensation – Organiser |
| Result | Application granted ; Reimbursement of lost wages (3 months) ; Compensation for humiliation etc ($6,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s114;ERA s128;Labour Relations Act 1987 |
| Cases Cited | Beesley and Hawkins v NZ Clerical Workers Union [1991] 2 ERNZ 616;Butcher v OCS Ltd [2008] ERNZ 367;Northern Distribution Union v Armourguard Security Ltd [1989] 3 NZILR 262 |
| Number of Pages | 19 |
| PDF File Link: | aa 320_09.pdf [pdf 57 KB] |