| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 328 |
| Hearing date | 19 Jun 2013 |
| Determination date | 01 August 2013 |
| Member | J Crichton |
| Representation | S Austin ; D Organ |
| Location | Auckland |
| Parties | Hayter v Westbury Thoroughbreds Ltd t/a Westbury Stud |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Applicant assisted with loading of two horses onto transporter – Horses ‘frisky’ – One house baulked and struck by colleague (“W”) – Whether applicant kicked in face by horse – Applicant abused W – Whether applicant threatened W – Whether all witnesses questioned – Respondent raised drug issues and allegations applicant made staff nervous – Applicant undertook drug test – Drug test negative – Senior stud groom |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Respondent advised applicant of allegations properly. Written statements of staff made available to applicant. Respondent’s investigation appropriate in circumstances. Investigation established case to answer. Applicant failed to identify other witness. Applicant failed to take opportunity to put case forward. Disciplinary meeting extraordinarily short. Applicant gave respondent nothing other than bare denial. No indication given at meeting that applicant injured by horse. No evidence applicant kicked by horse. Applicant’s responses evaluated properly. Applicant rejected further meeting to discuss respondent’s provisional conclusion. No predetermination. Disciplinary process appropriate. Dismissal justified. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 14 |
| PDF File Link: | 2013_NZERA_Auckland_328.pdf [pdf 238 KB] |