| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 16/10 |
| Hearing date | 12 Jan 2010 |
| Determination date | 03 February 2010 |
| Member | G J Wood |
| Representation | J Agnes-Burney ; F van Hattum |
| Location | Palmerston North |
| Parties | Harrod v BP (NZ) Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – Applicant suffered workplace injury – Applicant required clearance from company doctor before returning to work – Applicant returned to work in breach of instruction – Applicant complained about approach and allowed to return to work – Respondent instituted disciplinary action against applicant for failing to report injury – Applicant complained of intimidation and harassing behaviour – Authority rejected argument – Applicant issued with written warning – Applicant failed to sign code of conduct – Applicant filed another personal grievance for being forced to go through disciplinary process – Applicant failed to clean pumps because too cold – Disciplinary action postponed – Found understandable respondent concerned about injury – Found disadvantage in temporary suspension but remedied through payment and lifting of suspension in short period of time – Found respondent’s actions in issuing written warning for failure to report accident at work unjustified – Found no disadvantage as result of disciplinary procedures in relation to code of conduct or failure to clean pumps – No action taken and employment not in jeopardy – REMEDIES – No contributory conduct – $2,000 compensation appropriate for unjustified warning – Service station attendant |
| Result | Application granted in part ; Compensation for humiliation etc ($2,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 12 |
| PDF File Link: | wa 16_10.pdf [pdf 48 KB] |