| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 86/10 |
| Hearing date | 5 Apr 2010 |
| Determination date | 05 May 2010 |
| Member | D Asher |
| Representation | W Peacock, M Gittings-Nolan ; G Malone |
| Location | Whanganui |
| Parties | Peacock v AFFCO New Zealand Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – Applicant argued verbally abused and assaulted by manager – Authority earlier found applicant’s claims unlikely to succeed without additional evidence – Found respondent investigated original complaint of assault and abuse and found competing claims as to responsibility but concluded warning justified – Respondent claimed no loss of overtime earnings and variations caused by usual seasonal and operational variations – Respondent claimed workplace not unsafe and undertook trial of new equipment – Found manner in which applicant spoken to unnecessary, offensive and raised risk of unjustified disadvantage – Found applicant had difficulty accepting instructions – Found applicant often spoke loudly and talked over others but did not use obscene language – Found significant contributory fault by applicant of deliberately ignoring instruction – Found no unjustified disadvantage –Authority observed applicant hard working and capable and respondent’s interests advanced by working with applicant |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s114 |
| Number of Pages | 4 |
| PDF File Link: | wa 86_10.pdf [pdf 18 KB] |