| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 351/10 |
| Hearing date | 3 Aug 2010 |
| Determination date | 09 August 2010 |
| Member | R Arthur |
| Representation | S Fonua ; R Gibson |
| Location | Auckland |
| Parties | Toluta'u v Tegel Foods Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant dismissed for unauthorised absence from work – Applicant claimed dismissal unjustified – Applicant received text message at work about break in at home – Applicant left work and returned to tell production supervisor (“A”) had to return home to try and recover stolen item – A informed applicant would not look good if applicant left work because of record and refused to provide cover and would report incident – Applicant invited to attend disciplinary meeting – Dismissal confirmed in letter which stated A made clear applicant not authorised to leave – Authority found fair and reasonable employer would have concluded applicant not given permission to leave work – Applicant claimed no clear instruction not to leave – Found A’s refusal to provide cover and intention to report incident clearly indicated disapproval of applicant leaving – Found fair and reasonable employer would have concluded applicant’s conduct serious misconduct – Found applicant had previous warnings and unauthorised absences – Found respondent entitled to take account of warnings in decision to dismiss – Found applicant had adequate notice of meeting and dismissal possible outcome – Found applicant accompanied by union delegate and given opportunity to explain conduct and respond to concerns – Applicant claimed disparity of treatment as brother received more warnings for absenteeism and offered incentives to improve attendance – Found no disparity of treatment – Dismissal justified |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s174 |
| Cases Cited | Minhinnick v New Zealand Steel Limited [2010] NZEmpC 30;Air New Zealand Limited v V [2009] ERNZ 185 |
| Number of Pages | 8 |
| PDF File Link: | aa 351_10.pdf [pdf 28 KB] |