| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 181/10 |
| Hearing date | 10 Mar 2010 |
| Determination date | 20 April 2010 |
| Member | D King |
| Representation | D Flaws ; J Rooney |
| Location | Auckland |
| Parties | Spice v Firth Industries, a division of Fletcher Concrete and Infrastructure Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant claimed unjustifiably dismissed – Claimed disadvantaged as respondent took no actions in regards to applicant’s bullying complaints – Applicant claimed subjected to bullying by employee (“W”) over course of employment – Applicant made several complaints to respondent – First altercation occurred between applicant and W when W wrote “narc” on applicant’s locker – Respondent held disciplinary meetings in response to altercation – W received written warning – Applicant received verbal warning – Applicant discovered W wrote “narc” on customer docket - Second altercation occurred – Applicant physically assaulted W – Applicant did not raise W’s conduct to respondent prior to altercation – Disciplinary meeting held – Respondent reached provisional conclusion dismissal appropriate – Applicant and W proposed to remain on good behaviour bond for two years as alternative to dismissal – Respondent rejected alternative and dismissed both parties for following reasons – First, incident serious and involved physical violence – Second, to ensure other employees not exposed to abusive behaviour – Third, both parties involved in similar incident previously – Authority found applicant not bullied throughout course of employment – Found respondent responded to applicant’s complaints appropriately – Found even if applicant bullied, no justification for physical altercation that occurred – Found dismissal justified – Found no disadvantage – Driver |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 6 |
| PDF File Link: | aa 181_10.pdf [pdf 24 KB] |