| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 41/10 |
| Hearing date | 11 Aug 2009 - 12 Aug 2009 (2 days) |
| Determination date | 02 February 2010 |
| Member | R Arthur |
| Representation | R Pool, E Mazrouaa (applicant in person) ; C Eggleston |
| Location | Auckland |
| Parties | Mazrouaa v Kordia Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant returned to work 11 days late from period of annual leave – Applicant argued subject to prior discrimination which affected decision to dismiss – Applicant claimed accepted job on understanding could take six week vacation – Applicant claimed respondent reneged on assurance before planned holiday and rejected proposal to take further two weeks working remotely from overseas – Authority found no assurance given about holiday – Found respondent did not act unreasonably in approving four weeks leave and rejecting proposal to work further two weeks remotely from overseas – Applicant left for holiday without return flight booked – Applicant knew six weeks leave not approved – Applicant booked return flight which would not return to New Zealand inside holiday leave period – Applicant contacted respondent about delay in return and respondent advised could face disciplinary consequences as result – Respondent found many available return flights within holiday period and viewed applicant’s actions as deliberate breach of obligations to respondent – Applicant experienced further delay as required visa – Respondent argued applicant breached trust and confidence – Disciplinary meeting held and applicant dismissed – Found respondent’s conclusions were ones fair and reasonable employer would reach in circumstances – Found lateness deliberate – Found applicant failed to establish any factual foundation for discrimination – Dismissal justified – Operations engineer |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Cases Cited | Air New Zealand v Hudson [2006] ERNZ 415 |
| Number of Pages | 11 |
| PDF File Link: | aa 41_10.pdf [pdf 37 KB] |