| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2013] NZERA Christchurch 108 |
| Hearing date | 23 April 2013 |
| Determination date | 12 June 2013 |
| Member | D Appleton |
| Representation | N Alexander ; D Jackson |
| Location | Oamaru |
| Parties | MacDonald v Lean Meats Oamaru Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Argument with co-worker – Whether applicant verbally abused co-worker – Whether applicant sprayed co-worker with water – Applicant suspended – Health and safety issue – Previous warnings – Alleged pre-determination – Bonner/trimmer |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Possibility of dismissal conveyed to applicant. Respondent not told to interview certain witnesses. No substantial reason for respondent to interview certain witnesses. No unfairness to applicant in witness not being interviewed by decision-maker. Applicant given fair opportunity to consider evidence relied upon by respondent. Dismissal not predetermined. Fair and reasonable employer could conclude applicant’s conduct serious misconduct. Respondent investigated concerns sufficiently. Dismissal justified. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s103A(2);ERA s103A(3);ERA s103A(3)(a) |
| Cases Cited | Ioane v Waitakere City Council [2003] 1 ERNZ 104 |
| Number of Pages | 16 |
| PDF File Link: | 2013_NZERA_Christchurch_108.pdf [pdf 205 KB] |