| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 345/09 |
| Hearing date | 8 Sep 2009 |
| Determination date | 28 September 2009 |
| Member | D King |
| Representation | B Quarrie ; S Leftley |
| Location | Auckland |
| Parties | Coulston v United Civil Construction Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Misconduct – Applicant argued unjustified dismissal – Respondent claimed dismissal justified for failure to obey lawful and reasonable order – Applicant resisted training on new machine – Respondent argued training not optional – Applicant argued employed solely as digger driver – Applicant received verbal and written warning and advised of consequences of actions – Applicant subsequently dismissed – Authority found content of individual employment agreement and offer provided applicant not solely employed as digger driver – Found lawful and reasonable instructions – Applicant warned of consequences and refused to obey – Dismissal justified – Civil construction worker |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 5 |
| PDF File Link: | aa 345_09.pdf [pdf 22 KB] |