| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 39/01 |
| Determination date | 04 May 2001 |
| Member | Y S Oldfield |
| Representation | D Taylor ; K Spackman |
| Location | Auckland |
| Parties | Beardsley v Canpac International Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Alleged abrasive manner towards other staff - Dismissed after verbally abusing co-employees who had allegedly refused to work - Formal complaints made - Emailed notification of complaints - Claimed outburst provoked and justified - Stop work caused by delay in delivery, not refusal to work - Incident perceived to be at extreme end of serious misconduct - Whether dismissal hastily enacted - Alleged conduct treated more seriously than necessary - Trust and confidence irreparably damaged - Proper inquiry conducted - Genuine reasonable belief that incident had occurred - Abuse out of proportion and of direct personal nature - Dismissal substantively justified - Procedural flaws not sufficient to render dismissal unjustified - Distribution manager |
| Result | Application dismissed ; Costs reserved |
| Number of Pages | 10 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |