| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2011] NZERA Wellington 128 |
| Hearing date | 6 Apr 2011 |
| Determination date | 29 July 2011 |
| Member | P R Stapp |
| Representation | M Ryan ; D Erikson |
| Location | New Plymouth |
| Parties | Chambers v ERS New Zealand Ltd t/a Transpacific Industrial Solutions Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Supervisor (“M”) approached applicant while taking photos at site and got into verbal and physical altercation with applicant – M claimed applicant took photos of M so M intervened in best interests of company – M accepted took applicant’s camera and applicant physically confronted M to get camera back – M alleged punched by applicant – M denied told applicant fired – Authority found heat of the moment comment and comment M forgotten made – Applicant attended disciplinary meeting – Found applicant dismissed and M received warning – Found branch manager (“S”) did not consider comment made by worker about incident in making decision to dismiss – Found applicant dismissed before S made inquiries into matters about other people raised by applicant – Health and safety claims withdrawn by applicant – Found S entitled to rely on applicant’s written statement of versions of events which stated applicant physically touched M – Found S’s action of not providing applicant with written statement from M not fatal – Found not fatal that sequence of events and M’s involvement not determined correctly by S – Found no procedural failure – Found S’s decision was decision fair and reasonable employer would have reached – Found open to S to dismiss applicant for serious misconduct – Found applicant’s involvement in altercation more significant than M’s – Found M’s reaction to take camera from applicant not in keeping with best practice and reaction left respondent exposed to criticism about management of situation – Found apparent disparity – Found if personal grievance and disparity found applicant 100 percent blameworthy for conduct and entitlement to remedies would be reduced by 100 percent – Dismissal justified – Industrial Services Officer |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s114 |
| Number of Pages | 9 |
| PDF File Link: | 2011_NZERA_Wellington_128.pdf [pdf 30 KB] |