| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 353/10 |
| Hearing date | 9 Jun 2010 |
| Determination date | 09 August 2010 |
| Member | D King |
| Location | Auckland |
| Parties | Faumuina v George Weston Foods (New Zealand) Ltd |
| Summary | UNJUSTIFED DISMISSAL – Serious misconduct – Applicant claimed dismissal unjustified as instructions given unreasonable – Respondent argued instructions lawful and reasonable and applicant’s wilful disobedience constituted serious misconduct – Applicant stored dead insects in workplace locker – Meeting held – Applicant explained stored insects to help partner’s personal grievance against respondent – Respondent advised grievance unrelated to insects – Advised storage of insects breached workplace health and safety and must be removed – Respondent made clear was giving lawful and reasonable instructions and failure to follow would constitute serious misconduct – Applicant refused to follow instructions – Respondent regarded refusal as “continued misconduct” from previous warning – Applicant subsequently advised respondent would remove insects when notified of disciplinary meeting – Respondent considered revocation of refusal too late – Disciplinary meeting held – Respondent notified outcome could be instant dismissal – Respondent advised specified procedures must be utilised following pest sightings – Applicant explained followed procedures – Explained collected insects upon advice of representative – Explained would not follow instructions as believed conduct just – Respondent advised if respondent apologised would give chance to return to work – Applicant reiterated would not follow instructions – No record supporting applicant followed procedure for insect sighting - Second disciplinary meeting held however applicant failed to attend – Applicant dismissed for failure to follow lawful and reasonable instructions – Authority found instructions lawful and reasonable – Found respondent made clear storing of insects breached health and safety policy – Found applicant failed to obey instructions twice – Found applicant given opportunity to rectify situation but reiterated would repeat misconduct – Found applicant deprived themselves of opportunity for input into dismissal by failing to attend second disciplinary meeting - Found dismissal justified for deliberate and wilful refusal to follow instructions |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Cases Cited | NZ Printing etc IUOW v Clark & Matheson Ltd [1984] ACJ 283;NZ (with exceptions) Food Processing etc IUOW v Unilever NZ Ltd [1990] 1 NZILR 35 |
| Number of Pages | 7 |
| PDF File Link: | aa 353_10.pdf [pdf 28 KB] |