| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 310/10 |
| Hearing date | 23 Apr 2010 |
| Determination date | 02 July 2010 |
| Member | J Wilson |
| Representation | T Grossart (in person) ; G Bevan |
| Location | Auckland |
| Parties | Grossart v Linfox Logistics (NZ) Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Misconduct – Applicant successfully applied for driver/coach position – Applicant withdrew from position after unsuccessful candidate (“JE”) complained about applicant’s driving skills – JE to undertake applicant’s assessment – Respondent refused request assessment be undertaken by another coach and stated if applicant did not attend would be serious misconduct – Applicant refused assessment by JE and failed to attend work – Applicant issued with written warning – Applicant failed to attend meeting with respondent – Applicant invited to attend disciplinary meeting to discuss failure to attend previous meeting – Applicant advised of decision to dismiss for serious misconduct but invited to attend mediation to resolve problem – Respondent’s efforts to arrange mediation failed – Applicant subsequently dismissed – Authority found instruction to undertake assessment by JE not illegal and applicant required to be available for assessment – Found instruction lawful and reasonable – Found written warning fair and reasonable – Found request to attend meeting not illegal and attendance within applicant’s contractual obligations – Found respondent conducted meticulous disciplinary investigation before making preliminary decision to dismiss applicant – Dismissal justified – Truck driver |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Cases Cited | Northern Industrial District Distribution Workers etc IUOW v The Whenuapai Bus Company 1980 Ltd [1989] 1 NZILR 612 |
| Number of Pages | 11 |
| PDF File Link: | aa 310_10.pdf [pdf 44 KB] |