| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 421 |
| Hearing date | 14 Sep 2011 |
| Determination date | 26 September 2011 |
| Member | D King |
| Representation | C Abaffy ; J Foden |
| Location | Auckland |
| Parties | Bellass v Community Business and Environment Centre Co-operative Society Ltd t/a Clean Stream Northland |
| Summary | UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed by respondent – Applicant told respondent operations manager (“M”) car had broken down and would not be able to get to work – M drove applicant to work but told applicant would have to find own way home – M informed applicant of bus timetable – Applicant claimed told respondent business manager (“S”) car would not be fixed for two weeks as earliest appointment WINZ had available – S accepted had conversation with applicant but denied anything said about appointment with WINZ – Applicant failed to attend work – Applicant attended disciplinary meeting – Parties disputed matters raised at meeting – Applicant dismissed – Applicant claimed respondent agreed applicant could work at Kaitaia – Authority found applicant had appointment with WINZ on day of disciplinary meeting and rang for later appointment after meeting – Found applicant could not elect to work at Kaitaia – Found applicant’s responsibility to obtain transport to and from work – Found applicant not communicative or responsive with respondent – Found respondent had been reasonable and helpful when circumstances prevented applicant getting to work despite no legal obligation – Found applicant’s refusal to consider alternative transport and to provide respondent with information about attempts to deal with car situation led to dismissal – Dismissal justified – Recycle Station Worker |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 7 |
| PDF File Link: | 2011_NZERA_Auckland_421.pdf [pdf 21 KB] |