| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2011] NZERA Christchurch 111 |
| Hearing date | 18 May 2011 |
| Determination date | 29 July 2011 |
| Member | J Crichton |
| Representation | G Bruness ; P Swarbrick |
| Location | Christchurch |
| Parties | Hill v Turners & Growers Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by respondent – Applicant claimed employed as quality controller – Authority found applicant employed as store person but nature of role had no bearing on personal grievances – Applicant claimed respondent took succession of unjustified actions after commencing relationship with salesperson who later brought a personal grievance against respondent – Found no evidence of improper action taken by respondent or disadvantage suffered by applicant – No disadvantage – UNJUSTIFIED DISMISSAL – Misconduct – Applicant claimed unjustifiably dismissed by respondent – Applicant given final written warning due to misuse of respondent’s IT system – Applicant walked off job after unsuccessfully applying for new role within respondent – Applicant again left work before stipulated finish time – Respondent counselled applicant after both early departures but took no disciplinary action – Applicant agreed to notify manager if wished to leave early – Applicant left early few days later without obtaining manger’s authorisation – Respondent commenced disciplinary process and dismissed applicant for repeated misconduct – Applicant claimed notified supervisor of intention to leave early – Found supervisor told applicant not to leave early and in any event applicant agreed to notify manager not supervisor – Found due to history of insubordination by applicant difficult to see how any fair and reasonable employer could not conclude that dismissal justified – Found final written warning made dismissal all the more unassailable – Dismissal justified – Store Person |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 6 |
| PDF File Link: | 2011_NZERA_Christchurch_111.pdf [pdf 19 KB] |