| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 186 |
| Hearing date | 10 Apr 2013 |
| Determination date | 13 May 2013 |
| Member | J Crichton |
| Representation | R Rolston ; S Menzies |
| Location | Hamilton |
| Parties | Hannah v Go Bus Transport Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Aggressive behaviour - Altercation between Applicant and co-worker – Applicant and co-worker both laid complaints – Applicant had prior final written warning for similar behaviour– Competing accounts of incident - Respondent proposed a series of conditions for applicant to continue working including apology to co-worker – Applicant refused to apologise– Bus Driver |
| Abstract | AUTHORITY FOUND –;DISMISSAL JUSTIFIED: No other enquiries respondent could make. Respondent entitled to consider history of respondent when weighing up evidence of respondent and co-worker. Prior final warning and applicant’s unwillingness to change behaviour entitled respondent to dismiss applicant. Respondent carried out full and fair investigation. Dismissal justified. |
| Result | Application dismissed; Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | Timu v Waitemata District Health Board [2007] ERNZ 419 |
| Number of Pages | 9 |
| PDF File Link: | 2013_NZERA_Auckland_186.pdf [pdf 167 KB] |