| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 167/09 |
| Hearing date | 1 Sep 2009 - 2 Sep 2009 (2 days) |
| Determination date | 03 November 2009 |
| Member | G J Wood |
| Representation | H White ; J Rooney |
| Location | New Plymouth |
| Parties | Hart v Fonterra Cooperative Group Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Misconduct – Respondent argued applicant justifiably dismissed following full and fair investigation into serious misconduct relating to failure to follow directions from and obstruction and abuse of supervisor – Applicant claimed did not commit instances of serious misconduct alleged – Applicant argued supervisor became angry for refusing to sign off health and safety sheets and refused to allow time to read manual – Applicant alleged assault by supervisor – Applicant suspended – Disciplinary meeting held and allegations against applicant discussed – Applicant dismissed – Applicant alleged bias by respondent – Authority found limited evidence of bias – Found no inequality of treatment between applicant and supervisor – Applicant argued allegations not specific – Found allegations lacked specificity but applicant knew of issues and was able to provide full account of events – Found respondent had plenty of evidence from eye witnesses that applicant’s behaviour unacceptable – Found misunderstandings on training requirements – Found investigation not perfect but full and fair investigation held – Found applicant failed to comply with policies and guidelines – Found serious misconduct – Applicant had received number of warnings – Found warnings demonstrated respondent’s problems with applicant ongoing – Dismissal justified – Operator |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | Airline Stewards and Hostesses of NZ IUOW v Air New Zealand Ltd [1990] 3 NZLR 549;NZ (with exceptions) Food Processing etc IUOW v Unilever New Zealand Ltd [1990] 1 NZILR 35 |
| Number of Pages | 15 |
| PDF File Link: | wa 167_09.pdf [pdf 57 KB] |