Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No CA 171/09
Hearing date 7 Oct 2009
Determination date 12 October 2009
Member J Crichton
Representation SA Breeze (in person) ; B Handisides
Location Hokitika
Parties Breeze v Ross Gold Fields Information and Heritage Centre Inc
Summary UNJUSTIFIED DISMISSAL – Misconduct – Applicant took parental leave during which time position filled by temporary employee – Friction between applicant and respondent upon return to work because had not been part of successful developments – Respondent concerned about applicant’s attitude on return to work – Respondent felt misled following applicant stating tour group not coming on Christmas Day when in fact not coming because told respondent not open – Respondent subsequently wrote warning letter to applicant – Warning letter dealt with inaccurate information, criticism of applicant’s attitude, and how to restore relationship – Applicant changed mind three times about proposal and did not take all proper steps to ensure respondent knew – Altercation between respondent and applicant – Disciplinary meeting held and applicant dismissed – Authority found applicant behaved inappropriately towards respondent – Respondent argued applicant’s behaviour justified dismissal – Respondent claimed applicant minimised issues and failed to take responsibility for them in meeting – Dismissal justified – Information centre manager
Result Application dismissed ; Costs to lie where they fall
Main Category Personal Grievance
Statutes ERA s103A
Number of Pages 13
PDF File Link: ca 171_09.pdf [pdf 43 KB]