Port worker dismissal upheld despite safety concerns

Auckland port worker Danny Belsham was justifiably dismissed after he refused to work due to health and safety concerns, the Employment Court has ruled. Danny Belsham was dismissed from his employment with Ports of Auckland Limited on October 16 2013, after he refused to start work and man a straddle crane. In Mr Belsham's dismissal letter, the port's then terminal operations general manager Raoul Borley said his 19 years of service with the company was taken into account. "I have also taken [...]

Read more...

Worker unjustifiably dismissed over ‘theft’ of sausages

The great Northland sausage heist?A Far North man who worked with the intellectually disabled was wrongfully dismissed after being accused of stealing sausages from a work Christmas BBQ, but the Employment Relations Authority said the man's "significant contribution" to the situation meant he was not entitled to any compensation for the wrongdoing. Jack Lemon worked for Idea Services - which provides services for people with intellectual disabilities - as a community support worker at its Moerewa facility until he [...]

Read more...

Worker wins case against boss who smashed truck window

An employer who smashed the window of an employee's work truck because the worker was suspected of stealing diesel has been ordered to pay $5600 compensation by the Employment Relations Authority. The worker, William Tuhura, won his claim for unjustified constructive dismissal against Action Plumbing, Gas and Drainage Services Limited. Mr Tuhura began working for the company as a drainlayer in 2009. His boss, managing director Daniel Board, became suspicious that Mr Tuhura was taking diesel bought with a work fuel [...]

Read more...

Air NZ Flight Attendant Wins Unjustified Dismissal Case

Former Air New Zealand flight attendant Gina Kensington, who was forced to hand over her bank and Facebook records by the ERA has won her case against the airline. Ms Kensington was dismissed from her long haul flight attendant job when she defied her manager's instructions and took domestic leave to care for her ill sister Vania earlier this year who had just had a baby. In March Ms Kensington, who was on leave and at the beach for the [...]

Read more...

Employment Court says Text message dismissal unjustified

The Employment Court at Nelson has upheld an Employment Relations Authority decision finding a salad bar worker was unjustifiably dismissed when she was sacked by text message after being accused of stealing on her second day on the job. Chief Employment Court Judge Graeme Colgan upheld the ERA decision awarded Amberleigh Howe-Thornley more than $6000 in compensation. The ERA was told Ms Howe-Thornley applied for a job at Salad Bowl in Nelson after the company advertised for someone to operate a [...]

Read more...

Worker Loses Constructive Dismissal Case

Wheelchair company technician Glen MacMillan has lost his Employment Relations Authority grievance claim for constructive and unjustified dismissal. He was employed by Seating to Go Limited (STGL), a provider of specialised wheelchair and seating assessment services for the Ministry of Health and ACC. His employers received a written complaint about a visit Mr MacMillan paid to a client on 2nd May 2012. It was alleged that he made abusive and derogatory comments about two "useless" directors, including one who "was Australian and [...]

Read more...

ERA forces sacked worker to give up Facebook and bank info

An Air New Zealand flight attendant has been forced to surrender Facebook pages and bank account statements by the Employment Relations Authority. The ERA is hearing Gina Kensington's personal grievance claim for unjustified dismissal by Air New Zealand over alleged abuse of sick leave in March this year. Kensington claims she took the sick leave to care for her sister. Air New Zealand responded to her grievance claim by demanding that they be allowed to see her Facebook and bank [...]

Read more...