| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2011] NZERA Wellington 13 |
| Hearing date | 21 Oct 2011 |
| Determination date | 28 January 2011 |
| Member | P R Stapp |
| Representation | K O'Sullivan ; D Gould |
| Location | Wellington |
| Parties | Wolak v Cityline NZ Ltd t/a The Valley Flyer Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant dismissed by respondent for using highly offensive language that was not acceptable in workplace – Applicant denied allegation regarding words attributed to her – Claimed respondent relied upon deficient statements from witnesses – Respondent argued acted as fair and reasonable employer as applicant’s behaviour for making offensive sexual and racist comments amounted to serious misconduct – Applicant sought reinstatement and other remedies – Applicant had altercation with co-worker (“C”) who alleged applicant made offensive and racist comments – C’s statement witnessed by another employee who provided written statement to respondent – Second witness also provided evidence – Applicant suspended – Applicant claimed words used usual banter and C provoked actions by deliberately blocking way – Applicant invited to disciplinary meeting – Respondent told applicant was risk behaviour would be repeated – Subsequently applicant dismissed – Authority found respondent came to honestly held belief applicant made offensive remarks heard by other witnesses – Found insufficient evidence provided to challenge credibility of witnesses – Found no evidence of improper motives as to why C and witnesses not telling truth – Found witnesses credible and convincing because never waivered on statements previously made – Found procedure followed by respondent fair – Found respondent’s decision to categorise applicant’s alleged behaviour as serious misconduct open to respondent – Dismissal justified – Found if dismissal unjustified reinstatement impracticable given nature of allegations – Would also have found 100 percent contributory conduct – Bus Driver |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s124 |
| Number of Pages | 10 |
| PDF File Link: | 2011_NZERA_Wellington_13.pdf [pdf 29 KB] |