Fellmongery employee (Mr V) took a toilet break without arranging cover for his particular task. The product manager noticed the conveyor Mr V was supposed to man was working, but no one was supervising it. He stopped the production line because he was worried the product would bunch up, and cause defects.
When Mr V arrived back at his post, the product manager approached him, and a shouting match followed.
There was some dispute as to what was said during the argument, although it was definitely ascertained that Mr V told the product manager to “p.. off” and called him stupid. But the Employment Relations Authority also found the product manager had contributed to the situation.
The company undertook an investigation, and was satisfied the incident did occur, the code of conduct had been significantly breached, and there was an impact on the product manager. Because there was an issue with whether there was provocation or not, it was decided to hold a disciplinary meeting.
Mr V asked the employer to interview a particular person who witnessed the product manager swearing about him. The employer didn’t. The employer found the product manager did not provoke Mr V, and his conduct warranted dismissal.
The Authority found a fair and reasonable employer would have decided Mr V had abused the product manager, but would not have decided that his behaviour justified dismissal. The employer should have interviewed the person Mr V wanted interviewed to ensure all relevant information was covered. It was concluded Mr V had been unjustifiably dismissed.
Reinstatement is one remedy available to an employee worker who has been unjustifiably dismissed. However, an employee will only be reinstated if he or she can work harmoniously with the other staff. The Authority concluded Mr V and the other employees should be able to get along. Mr V also sought lost wages. The Authority restricted the period of loss to three months, and deducted this amount by 40%, since he contributed to the situation.
If you are an employer undertaking a disciplinary process and an employee asks you to do something, speak to someone, look at something – DO IT. If you don’t then you are far more likely to get into trouble.
This article originally appeared in the Southland Times Work To Rule column. Mary-Jane Thomas is head of Preston Russell's employment law team. Contact her by clicking here
