| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 19/10 |
| Hearing date | 25 May 2009 |
| Determination date | 19 January 2010 |
| Member | A Dumbleton |
| Representation | D Jenkins ; L Bunge |
| Location | Auckland |
| Parties | Leevey v Newmarket Guard Services Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL – Serious misconduct – Constructive dismissal – Applicant claimed respondent’s request for applicant to enter into negotiations by mutual consent amounted to constructive dismissal – Respondent argued applicant’s refusal to follow instructions, abusive language, and threats constituted serious misconduct warranting dismissal – Altercation occurred between applicant and applicant’s supervisor (“W”) after applicant refused to follow W’s instructions – W swore at applicant - Applicant swore back and threatened W – W made complaint about applicant’s conduct to respondent’s director (“Y”) – Applicant suspended - Y advised applicant of misconduct allegations and requested disciplinary hearing – Y requested parties negotiate termination of employment by mutual consent – Applicant declined - Applicant subsequently dismissed – Authority found request for applicant to enter into negotiations to mutually terminate employment not constructive dismissal – Found parties could mutually form and terminate employment relationship – Found fair and reasonable for respondent to conclude applicant’s conduct constituted serious misconduct even if W swore at applicant first – Found applicant obliged to follow reasonable instructions – Found given seriousness of misconduct, fair and reasonable for respondent to suspend without prior consultation – No constructive dismissal – No disadvantage – Authority noted even if found unjustified disadvantage, applicant’s conduct contributed to situation – ARREARS OF HOLIDAY PAY – Applicant sought arrears of holiday pay – Authority found no arrears due and owing – Arrears of holiday pay declined – Operations Supervisor |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;Holidays Act 2003 s8;Privacy Act 1993 |
| Number of Pages | 7 |
| PDF File Link: | aa 19_10.pdf [pdf 27 KB] |