| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2011] NZERA Wellington 83 |
| Hearing date | 17 Mar 2011 |
| Determination date | 17 May 2011 |
| Member | P R Stapp |
| Representation | P Cranney ; T Clearly |
| Location | Whanganui |
| Parties | Anderson v Silver Fern Farms Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – Applicant was union delegate - Applicant claimed final warning caused unjustified disadvantage – Applicant given final written warning for failing to follow reasonable request from supervisor, which was to go back to his work station as shift had not finished yet - Authority found applicant deliberately left work early after being reminded of correct finishing time – Found not within applicant’s responsibility to change arrangements and another person had to fill his role – Found was open to respondent to issue warning - No unjustified disadvantage – UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant dismissed following investigation into incident that occurred at end of shift – Chain broke down and jammed, whereupon carcasses had to be stopped from entering area – Applicant advised person scanning carcasses to scan more carcasses – When she refused applicant became abusive – Applicant then had altercation with quality assurance assistant supervisor – Night shift supervisor had to intervene – Applicant then abused scanner again causing night shift manager to intervene second time - Authority found no reason for people directly involved in incident to have made up claims – Found witnesses to incident supported view applicant abusing co-workers – Respondent interviewed additional witnesses at applicant’s request but they did not assist applicant – Found applicant given opportunity to comment on dismissal proposal - Found from information available to employer at time fair and reasonable employer would have reached conclusion serious conduct occurred - Found were no procedural defects likely to affect outcome of investigation – Dismissal justified – Meat Processing Plant Worker |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 7 |
| PDF File Link: | 2011_NZERA_Wellington_83.pdf [pdf 22 KB] |