| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 163/09 |
| Hearing date | 5 Aug 2009 |
| Determination date | 01 October 2009 |
| Member | J Crichton |
| Representation | H Kleiven (in person) ; R Moore (in person) |
| Location | Nelson |
| Parties | Kleiven v Moore |
| Summary | UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed following refusal to wear black uniform shirt – Respondent claimed no dismissal – Claim applicant withdrew labour due to refusal to wear shirt – Respondent part of Taxi Society (“TS”) – TS rules required all workers to wear black uniform shirts – Applicant holocaust survivor refused to wear shirt because black shirts reminded applicant of Nazi Reich agents – Applicant survived traumatic incident involving Nazi agents wearing black shirts – TS refused to exempt applicant from wearing shirt because exemption rules for health and safety reasons, for example irritation to shirt’s fabric – Authority found no dismissal – Found TS made decision to suspend applicant until applicant complied with rules – No dismissal – Authority declined to give parties directions to resolve matters - ARREARS OF HOLIDAY PAY – Authority found no arrears owning – COSTS – Costs to lie where they fall – Taxi Driver |
| Result | Application dismissed ; Costs to lie where they fall |
| Main Category | Personal Grievance |
| Number of Pages | 6 |
| PDF File Link: | ca 163_09.pdf [pdf 20 KB] |