| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 374/10 |
| Hearing date | 11 May 2010 |
| Determination date | 20 August 2010 |
| Member | A Dumbleton |
| Representation | G Sun (in person) ; W Gillooly |
| Location | Auckland |
| Parties | Sun v Pitango Innovative Cuisine Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant claimed unjustified dismissal – Respondent claimed dismissal justified for serious misconduct – Respondent witnessed applicant driving forklift recklessly and without licence in breach of lawful and reasonable instructions – Respondent immediately held meeting for applicant to explain allegation – Applicant explained drove forklift fast to finish job quickly – Respondent advised conduct unacceptable and dismissed applicant for serious misconduct – Respondent held meeting to advise employees of workplace health and safety - Applicant subsequently asked respondent for re-employment – Respondent advised in good faith would consider re-employment if applicant provided adequate explanation for misconduct, apologise for behaviour and show commitment to health and safety – Applicant subsequently made complaint to Department of Labour Health and Safety Inspector – Respondent disclosed incident to Inspector - No further action taken with regard to complaint – Personal grievance raised – Authority found respondent reasonably believed from direct observation, applicant driving unsupervised and at excessive speed in breach of instructions – Found previous warning not technically disciplinary warning, however, amounted to instruction to obey safety requirements – Found fair procedure followed in particular circumstances, bearing in mind paramount importance of workplace safety – Dismissal justified – COSTS – No order for costs as applicant self represented – Forklift Driver |
| Result | Application dismissed ; No order for costs |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Number of Pages | 3 |
| PDF File Link: | aa 374_10.pdf [pdf 16 KB] |